Case Facts:
Patna High Court Cr.Misc. No.42129 of 2010 (3) dt.13-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42129 of 2010 ====================================================== Mukesh Kumar, S/O-Sri Dasai Chaudhary, resident of Mohalla-Sahi Colony P.S.-Hajipur Town District-Vaishali .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 13-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State on the point of admission. Petitioner has challenged the order dated 31.05.2010 passed by Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Town Industrial Area P.S. Case No. 155 of 2010 by which and whereunder he having receipt of charge-sheet took cognizance for the offences under [STATUTE] against the petitioner and others. The contention on behalf of the petitioner is that there is no material against the petitioner in the entire case diary but in spite of that learned Chief Judicial Magistrate, Vaishali at Hajipur passed the impugned order which is not in accordance with law. Considering the aforesaid facts and circumstances as well as submissions of the parties, this petition stands disposed of Patna High Court Cr.Misc. No.42129 of 2010 (3) dt.13-07-2012 with liberty to petitioner to raise his plea before the trial court at appropriate stage and if the aforesaid plea is raised by the petitioner at appropriate stage before the trial court, the trial court shall consider the plea of the petitioner on its own merit without being prejudiced by this order. SHAHZAD/- (Hemant Kumar Srivastava, 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.