IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40028 of 2009 RAJIV GUPTA, SON OF SRI PUKAR SARAF, RESIDENT OF VILLAGE/MOHALLA FLAT NO. 302, BLOCK ‘C’, SRI HARI RADHA APARTMENT, P.S. S.K. PURI, SADAR PATNA. ---- PETITIONER Versus 1. THE STATE OF BIHAR 2. SMT. RITA SINGH, WIFE OF LATE GOPAL SARAN SINGH OF YARPUR SHIVAJI PATH, NEAR NUTAN CHETAN SCHOOL, P.S. GARDANI BAGH, DISTRICT PATNA. ---- OPPOSITE PARTIES. ----------- 2 1.2.2010 The petitioner has challenged the entire complaint case and the order dated 16.6.2009, passed by the Judicial Magistrate, 1st Class, Patna by which the Court below has taken cognizance in Complaint Case No. 967(C) of 2009 for offences under Sections 436 and 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act. Learned counsel for the petitioner submits that the entire amount granted as advance/loan has already been paid during the life time of the complainant’s husband and as such the entire case is false. It is further submitted that the matter arises out of an agreement between the parties and, therefore, the Court below had no legal reason to take cognizance in this case. It is well settled that the Court cannot look into the documents filed on behalf of the defence at this stage. In the result, this application is dismissed. Sanjay (Sheema Ali Khan, J.)