Case Facts:
Patna High Court Cr.Misc. No.41526 of 2008 (09) dt.28-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41526 of 2008 ====================================================== Ramji Prasad .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramashish-Adv. For the Opposite Party/s : Mr. S.M. Rahman-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 09 28-06-2012 This is an application for quashing the entire proceeding of Complaint Case no.C-113 of 2007/ Tr. No.1575 of 2007 for the offence under [STATUTE] pending in the Court of Judicial Magistrate, Ist Class, Gaya. Heard the parties on merit. Petitioner agreed to sell 22 katthas of his land in favour of Opposite Party no.2, received Rs. five lac at the time of execution of the deed (agreement to sell) as advance of the consideration money. A condition was there to be fulfilled by the petitioner before execution of the sale deed that was to get his name mutated in government records which appeared not possible according to Opposite Party no.2, because of the reason that land was “Gair Majarua”. Now, petitioner is ready to return back the money as per agreement. If attempt was there on his behalf to get Patna High Court Cr.Misc. No.41526 of 2008 (09) dt.28-06-2012 his name mutated then no offence is made out but if the land was “Gair Majarua” one then equal liability can be fixed upon the parties to grab the government land. In any case the points are left open to be decided by the trial Court including the payment of received money helping any way to the petitioner. Accordingly, this application is disposed of. Vikash/- (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.