Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46494 of 2009 ====================================================== Sunil Kumar Barnwal .... .... Petitioner Versus 1. The State of Bihar 2. Smt. Nisha Singh .... .... Opposite Parties ====================================================== Appearance: For the Petitioner/s : Mr. Jashwir Singh Arora Mr. Ajay Kumar Mr. Ravi Bhatia For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 4 10-10-2012 The application has been filed for quashing the order dated 16.7.2001 passed in Complaint Case No. 337(C)2009/Tr.No.2412 of 2009 by Sri P.K. Sharan, Sub- divisional Judicial Magistrate, Jamui whereby cognizance has been taken against the petitioner under [STATUTE] . Heard learned counsel for the parties. Allegation is that an amount of Rs. 26,956/- was not paid to the complainant though a cheque was issued but bounced. Cognizance is taken for the offence under [STATUTE] . Submission of learned counsel for the petitioner is that the said amount is paid through cheque, Annexure-6 is filed to Patna High Court Cr.Misc. No.46494 of 2009 (4) dt.10-10-2012 2 show the receipt. Further submission is that the cheque if any really bounced, mandatory requirement enabling its bearer to file case has not been fulfilled and the case is filed after a year of bouncing the cheque, not maintainable. Annexure-6 is photostat copy of the cheque for Rs. 26,956/- showing receiving of amount but not an unimpeachable document to be accepted in this proceeding. It is for the trial court only to decide its admissibility otherwise offence is made out, under what section is also not to be decided by this Court. This application is accordingly, dismissed. A.I./- (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.