Case Facts:
Patna High Court Cr.Misc. No.40854 of 2011 (5) dt.18-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40854 of 2011 ====================================================== Md. Manjar Alam @ Chunna Khan @ Chunna, son of Md. Sajid Khan, resident of Mohalla- Kabirpur, Post Office- Champanagar, Police Station- Nathnagar, District- Bhagalpur. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Chedi Lal Goenka, son of Late Puranmal Goenka, parter of the firm namely, M/s Amarnath narayan Prasad, Hardeo Das Lane, Sujagganj, Police Station- Kotwali, District- Bhagalpur. .... .... Opposite Parties. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 5 18-04-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is apprehending his arrest in connection with Complaint Case No. 877 of 1998, registered under [STATUTE] and 138 of Negotiable Instruments Act. The matter concerned with business transaction. It is alleged that petitioner is a retailer shop keeper and the informant is a wholesale of cloth and petitioner has not paid Rs. 3,16,000/ to the informant. It is further alleged that Rs. 20,000/- was paid by the petitioner by a cheque which was bounced. Learned counsel for the petitioner submits that he is ready to pay Rs. 20,000/- which has been bounced. Under the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender within Patna High Court Cr.Misc. No.40854 of 2011 (5) dt.18-04-2012 a period of four weeks from today shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri R.R.S. Kumar, Judicial Magistrate, Ist Class, Bhagalpur in connection with Complaint Case No. 877 of 1998, subject to condition as laid down under Section 438 (2) of Cr.P.C. with a further condition that petitioner shall return Rs.20,000 (Twenty thousand) in the name of informant’s firm in whose name earlier cheque was issued to the satisfaction of the lower court. Further petitioner shall file an affidavit to the effect that he paid the amount in the name of informant’s firm. m.p. (Gopal Prasad, 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.