Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.308 of 2012 ====================================================== Lokesh Mishra, S/o Sri Vishwajeet Mishra, R/o Hathia Tola Deogharwa, P.S. Jogapatti, District – West Champaran .... .... Appellant/s Versus 1. The State of Bihar 2. Anirudh Chaubey, S/o late Amar Chaubey, R/o Vill. Bishrampur, P.S. Jogapatti, District- West Champaran .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 3 30-04-2012 Heard learned counsel for the petitioner-appellant and learned counsel for the A.P.P., Mr. Ajay Mishra. Opposite Party No.2 is convicted by S.D.J.M., Bettiah, West Champaran for the offence under [STATUTE] . for the allegation that he received total consideration money for agreed sale of his Plot No. 177 area 5 katha and executed a sale deed also but later after receiving of the money left the Registry Office, while the deed was to be presented before the Sub- Registrar. The order of conviction by learned S.D.J.M., Bettiah passed in G.R. Case No. 1022 of 1996/Trial No. 579 of 2007 was challenged before the Sessions Judge and the Judgment of conviction and sentence is set aside by Additional Sessions Judge, F.T.C. Court No.4, Bettiah, West Champaran. In this case plea was taken by O.P. No.2 that the total consideration money was not paid to him while deed was Patna High Court CR. APP (SJ) No.308 of 2012 (3) dt.30-04-2012 2 registered by Collector, West Champaran as has appeared in the case. Title Suit also is filed in the case challenging the due execution of the deed and its registration which is pending in between the parties. In appeal, learned Additional Sessions Judge, F.T.C. no. IV, Bettiah has found that bona fide dispute was existing in between the parties on the point of payment of consideration money, I think, rightly has been accepted for acquittal of O.P. No.2. Finding no merit, this criminal appeal is dismissed at the stage of admission itself. Shail/- (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.