Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9749 of 2011 ====================================================== Sanjay Kumar, son of late Satya Narayan Singh, resident of Mohalla Takiya, P.S. Sasaram (Model), Dsitrict-Rohtas. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ravindra Kumar, Proprietor Shipra Indane Service, Takya, sasaram, P.s. Sasaram (Model), District- Rohtas. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Maya Nand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 28-06-2012 Heard learned counsel for the petitioner and learned counsel for the State. This application has been filed for quashing the order dated 10.1.2011 passed in Complaint Case No.816 of 2010 by the Chief Judicial Magistrate, Rohtas at Sasaram by which he has taken cognizance against the petitioner under [STATUTE] . Learned counsel for the petitioner submits that there was partnership firm between the complainant and petitioner whereby a gas agency was opened. He further submits that huge amount was invested by the petitioner and there was clear agreement that he would work on behalf of the complainant. In pursuance thereof the firm has supplied the gas and the amount Patna High Court Cr.Misc. No.9749 of 2011 (2) dt.28-06-2012 2 / 2 2 has been mentioned in the complaint petition. He further submits that the petitioner had taken money for himself and utilised the same. There is a case and counter case and the complainant had wrongly lodged the present case. From the complaint petition, it appears that there is allegation of appropriation of money as he has received money without any authority from jail authority. This Court will not examine the veracity of the fact and the same shall be decided during the trial. However, the petitioner will be at liberty to raise all the points before the court below at the appropriate stage. With the aforesaid observation this application is disposed of. Vinay/- (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.