Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Govt. Appeal (SJ) No.11 of 2001 (Against the judgment dated 28.04.2001 passed by the J.M., Ist Class, Madhubani in G.R. No. 721 of 1994/Trial No. 264 of 2001.) =================================================== The State of Bihar .... .... Appellant/s Versus Sheikh Niyaz Ahmad, .... .... Respondent/s =================================================== Appearance : For the Appellant/s : Mr. Bipin Kumar, A.P.P. For the Respondent/s : Mr. Ranbir Singh (Amicus Curiae) =================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL JUDGMENT Date: 07-12-2012 Mandhata Singh, J. 1. Heard learned counsel for the appellant and learned counsel for the respondent. 2. This Government Appeal has been preferred against the Judgment dated 28.04.2001 passed by Judicial Magistrate, Ist Class, Madhubani in G.R. No. 721 of 1994/Trial No. 264 of 2001 for the offence under [STATUTE] . 3. Prosecution case, in brief, is that on 26.06.1992 a credit card was issued to the accused-respondent, Sheikh Niyaz Ahmad numbered as “BOB Card, Allahabad Bank bearing no. 02206090001. The credit was to be debited from the Saving Account of the accused-respondent. Further, it was undertaken to Patna High Court G. APP. (SJ) No.11 of 2001 dt.07-12-2012 2 make overdrawn amount within fifteen days. Credit card is used, money was withdrawn at several occasions and the amount credited reached Rs. 1,18,324.87 along with the interest up to March, 1994, withdrawal of the money is not denied. 4. The allegation was contested on the ground that no offence was made out, as default in payment was the civil liability only. This much has been accepted by the trial Court following paragraph-13 of P.W.3 that case was lodged to recover dues to the accused. In my view also acquittal basing the observations made by the trial court suffers with no infirmity. 5. Accordingly, this Government Appeal is hereby dismissed. 6. Let a copy of this judgment be handed over to the learned Amicus Curiae for needful. Patna High Court, Patna Dated-07.12.2012 Shail/N.A.F.R. (Mandhata Singh, J.)

Applicable IPC Section: 420

Statute Text:
Section 420 of the Indian Penal Code. Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.