Case Facts:
Patna High Court Cr.Misc. No.39314 of 2011 (4) dt.10-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39314 of 2011 ====================================================== 1. Balmukund Goenka & Anr.Balmukund Goenka Late Sagarmal Goenka R/O,Dwarikapuri Colony,P.S.-Kotwali,Dist.-Bhagalpur 2. Kashi Prasad Jhunjhunwala Late Madan Lal Jhunjhunwala R/O,Mandroja,P.S.-Kotwali,Dist.-Bhagalpur .... Petitioners Versus 1. The State Of Bihar 2. Bihar State Cooperative Marketing Union Ltd., having it’s registered office at Biscomaun Bhawan, West Gandhi Maidan, P.s. Gandhi Maidan, Town and district Patna through Shri O.P. Singh, it’s Legal Manager .... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 10-04-2012 Heard learned counsel for the petitioners and the State. This is an application for grant of anticipatory bail for offence under [STATUTE] and 138 of the Negotiable Instrument Act. The learned counsel for the petitioners submits that the money paid by cheque against the rent of the cold storage bounced, but, subsequently the rent has been paid by demand draft and cheque as per Annexure 2. Hence, having regard to the facts and circumstances of the case, in the event of arrest or surrender of the petitioners, they are directed to be released on anticipatory bail, within four weeks, from the date of receipt of this order, on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Complaint Case No. 2371(C) of 2003 to the satisfaction of Sri Krishna Kumar, Judicial Magistrate, 1st Class, Patna, subject to the condition that the money has already been paid by demand draft and cheque. SA/- (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.