IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37859 of 2006 BIJAY KUMAR SHAH Versus THE STATE OF BIHAR & ANR ----------- 08 17.3.2009 Heard learned counsel for the petitioner and learned counsel for opposite parties. The petitioner is aggrieved by the order dated 13.10.2004 of the Sub Divisional Judicial Magistrate, Khagaria affirmed in Cr. Revision No. 5 of 2005 by the Additional Sessions Judge, F.T.C.-II, Khagaria by order dated 24.5.2006 holding that the complaint case was not maintainable as the dispute was essentially civil in nature. From perusal of the aforesaid two orders, it appears that the documents alleged to be forged are already subject matter of civil proceedings. In that view of the matter, the complaint case on the same allegation becomes pre-mature at this stage until a finding is arrived at on the aforesaid aspect by a competent Civil Court. This Court finds no reason to interfere with the impugned order. The application is dismissed. P.K. (Navin Sinha, J.)