Case Facts:
Patna High Court Cr.Misc. No.29179 of 2011 (2) dt.30-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29179 of 2011 ====================================================== 1. Rakesh Prasad Singh @ Rakesh Prasad Sinha S/O Late Kesho Prasad Sinha, Block Education Officer, Nanpur, District -Sitamarhi .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. L.N.Das, Advocate For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 30-08-2012 Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is challenging the order dated 19.7.2011 passed by the Sub-Divisional Judicial Magistrate, Sitamarhi by which the court below has taken cognizance for offences under [STATUTE] . The allegation has been made in the F.I.R. that the petitioner was required to supply the rice to the School for Mid- Day meal but he had not supplied the same which led to filing of the present case. The counsel for the petitioner submits that the petitioner has supplied the rice but a bit late and there is provision for the same. He has submitted that it is not an allegation that the petitioner has not supplied the rice. At this stage, this Court cannot look into the defence Patna High Court Cr.Misc. No.29179 of 2011 (2) dt.30-08-2012 of the petitioner and it will only be seen during the trial. Accordingly, this petition is dismissed. However, liberty is given to the petitioner to raise all the points before the court below during the trial. If such application files by the petitioner, the court below will consider all aspects of the matter and pass the order in accordance with law. Mahesh/- (Shivaji Pandey, 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.