Case Facts:
Patna High Court Cr.Misc. No.36450 of 2009 (06) dt.17-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36450 of 2009 ====================================================== Arun Kumar .... .... Petitioner/s Versus The State Of Bihar & Anr .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 06 17-12-2012 This is an application for quashing the order dated 11.11.2008 passed by Judicial Magistrate, Patna in Complaint Case No.733 of 2008 by which learned Court has taken cognizance under [STATUTE] . Heard learned counsel for the petitioner and learned counsel for the State. Allegation is that an advance of Rs. One Lac Twenty Six Thousand (Rs.1,26,000/- only) was accepted for a flat to be transferred on its completion, but never was handed over. On the other hand, submission on behalf of the petitioner is that no total consideration money was paid in time for that only flat, in question, was not transferred. Moreover, further submission on behalf of petitioner is that the differences was to be decided by Civil Court as claim and counter-claim was fixing any liability in civil side only. Further accused-petitioner agreed to pay the advance amount by giving more than nine per cent (9%) interest. Complainant is accepting the same in Court also. Payment is made in Court vide cheque of Rs. Two Lacs (Rs.2,00,000/-) bearing no.844632 of HDFC Bank dated 17.12.2012, which is haded over to the complainant/ opposite party in presence of lawyer of complainant and petitioner. Accordingly, this quashing application is allowed and Patna High Court Cr.Misc. No.36450 of 2009 (06) dt.17-12-2012 impugned order dated 11.11.2008 passed in Complaint Case No.733 of 2008 along with the whole prosecution against the petitioner is hereby quashed. Vikash/- (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.