Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44849 of 2011 1. Gangu Yadav S/O Late Sokhi Yadav Resident Of Village- Sathiyari, P.S.- Katoria, District- Banka ------ Petitioner. Versus 1. The State Of Bihar 2. Shyamdeo Yadav S/O Late Ram Kishun Yadav Resident Of Village- Bardhaniya, P.S.- Katoria, District- Banka. ----- Opposite Parties. ---------------------------------- 2. 17.1.2012 Heard learned counsel for the petitioner and learned counsel for the State. This application has been filed for quashing the order dated 9.11.2011 passed by the Judicial Magistrate , Ist Class, Banka in Complaint Case No. C-1951 of 2008 by which the learned Magistrate has taken cognizance of the offences under [STATUTE] . In this case it has been alleged that at the assurance of the petitioner repair work of a well was done and also assurance was given that if the complainant completes the work, the Government money will be paid to him. But when the complainant has demanded the money it was refused. It has been submitted by the learned counsel for 2 the petitioner that the final form was submitted and at the same time the learned Magistrate has also initiated a proceeding against the petitioner. Learned counsel for the petitioner further submits that both can not go together as the present case as well as steps taken by the police. This application is dismissed with a liberty to the petitioner to raise all the points before the trial court at the appropriate stage. Vinay/ ( Shivaji Pandey, 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.