Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22386 of 2009 ====================================================== Smt.Shobha Lal @ Shobha Lal Devi .... .... Petitioner Versus 1. The State Of Bihar 2. Akshay Kumar Jaiswal .... .... Opposite Parties ====================================================== Appearance: For the Petitioner : Mr. Ashish Kumar For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 11 17-12-2012 Heard learned counsel for the parties. This application has been filed for quashing the order dated 10.2.2009 passed by Sessions Judge, Saharsa in Cr. Revision no. 6 of 2009 confirming the order dated 18.12.2008 passed by Sri Indrajeet Singh, Judicial Magistrate, 1st Class, Saharsa in Complaint Case No. 1654C of 2008 whereby conginzance has been taken against the petitioner under [STATUTE] . Prosecution case, in brief, is that the complainant was appointed as Siksha Mitra in the year 2005 and joined Madhaya Vidayalay, Daurma. He approached different officials for payment of his salary from April, 2007, specifically it is said that on 6.4.2008 he approached the Secretary of Gram Panchayat but an illegal demand was made of Rs. 5,000/- by him and Rs. 5,000/- for Patna High Court Cr.Misc. No.22386 of 2009 (11) dt.17-12-2012 2 Mukhiya of Panchayat. When this petitioner was approached he also demanded half of complainant’s salary which remained due. Defence is that for certain period a dispute arose about working of accused no.3 in place of complainant rather he was parallel to this complainant and it was difficult to make payment to two persons for the same work and when it was cleared by the department, payment was made to the complainant. Appointment of accused no.3 is admitted to the complainant also. Moreover submission of learned counsel for the petitioner is that if any illegal demand was made then no offence under [STATUTE] is made out. I agree with the submission made on behalf of learned counsel for the petitioner. Accordingly, the application is allowed and the order dated 10.2.2009 passed in Cr. Revision no. 6 of 2009 by Sessions Judge, Saharsa as well as the order dated 18.12.2008 passed by Judicial Magistrate, 1st Class, Saharsa in Complaint Case No. 1654C of 2008 is hereby quashed. A.I./N.A.F.R. (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.