IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39877 of 2009 DEVENDRA SINGH, SON OF HARI SINGH, RESIDENT OF VILLAGE AKHTIYARPUR. P.S. SHAHJAHANPUR, P.S. NAGARNAUSHA, DISTRICT NALANDA.-- PETITIONER Versus 1. THE STATE OF BIHAR 2. VIJAY KUMAR, SON OF SRI LAKHAN PRASAD, RESIDENT OF VILLAGE SAMDA, P.S. SIGODI, DISTRICT PATNA. – OPPOSITE PARTIES ----------- 2 1.2.2010 Learned counsel for the petitioner challenges the order of cognizance dated 4.8.2009, passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1153(C) of 2009 on the ground that according to the petitioner the entire case is false and fabricated. The petitioner does not have any knowledge with respect to who is the person who has filed the complaint. It is said that somebody using his forged letter pad and forged signature has made him party. The cheques have never been issued by the petitioner and in fact these aspects cannot be enquired into by the Judicial Magistrate, 1st Class, Patna as it would require investigation and the report of the bank which would ultimately be able to show to the Court that the account number does not belong to the petitioner. It is further submitted that the complainant would also not be in a position to identify this petitioner if he were to come face to face with him. In other words it is submitted that as far as the petitioner is concerned, it is an out and out false case. This Court cannot look into the facts as argued by the petitioner at this stage. As these facts would need to be proved by document or evidence. In the result, I disposed of this application with leave for the petitioner to raise these aspects at the appropriate stage. Sanjay (Sheema Ali Khan, J.)