Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20390 of 2012 ====================================================== Mohan Tatwa @ Mohan Kumar S/O Late Shari Tatwa Resident Of Village- Ghughri Tand Brahmsarowar, P.S.- Civil Lines, District- Gaya .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party PRESENT: HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 2. 05-06-2012. Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner is an accused in Civil Lines P.S. Case No.052 of 2012 for offences punishable under [STATUTE] . Learned counsel for the petitioner submits that the allegation is that the petitioner had entered into an agreement for sale of his land in favour of the informant and had received money also but he has refused to sell his land to the informant as per the agreement. Learned counsel for the petitioner submits that the entire allegation is absolutely false and frivolous as the petitioner has not entered into any agreement nor he has received any money rather the informant has a greedy eye on the land of the petitioner and for grabbing the land, he has filed Patna High Court Cr.Misc. No.20390 of 2012 (2) dt.05-06-2012 2 this frivolous criminal case against the petitioner. On the other hand, learned counsel for the informant vehemently opposes the contentions of the learned counsel for the petitioner and submits that there was an agreement for sale on the basis of which the petitioner had received money on several dates from the informant but thereafter he refused to execute the sale deed and hence, the informant having been cheated, has filed the criminal case. From the materials on record, it is apparent that the claim of the informant is with regard to the specific performance of an agreement for sale which has been allegedly executed by the petitioner in favour of the informant, but the petitioner is specifically and clearly denying any such agreement and receipt of money and hence, the dispute can only be decided by a Civil Court in a suit for specific performance of Contract where the genuineness of the claims of the parties as well as the documents produced by them will have to be seen in detail on the basis of the pleadings, evidence and materials placed before the court. Such dispute can not be legally decided by filing a criminal case for the relief which is civil in nature. In the aforesaid facts and circumstances of the case, this petition is allowed. Let the above named petitioner be Patna High Court Cr.Misc. No.20390 of 2012 (2) dt.05-06-2012 3 released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Civil Lines P.S.Case No.052 of 2012. ahk/- (S.N. Hussain, 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.