Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43528 of 2009 ====================================================== Heera Devi W/O Shri Ram Balak Singh R/O Vill. Mohabbatpur, P.S.Shekhopur Sarai, Distt- Sheikhpura .... .... Petitioner/s Versus 1. The State Of Bihar 2. Sachhidanand Singh S/O Late Ram Badan Singh R/O Vill. +P.O.Nauma, P.S Halsi, Distt-Lakhisarai .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER -------------------- 7 20-07-2012 Heard Sri Arun Kumar, learned counsel for the petitioner and Sri Pravin Kumar, learned counsel appearing on behalf of the Complainant/ Opp.Party no.2. The present petition was filed against an order dated 28.02.2009 passed by learned Judicial Magistrate, 1st Class, Sheikhpura in Complaint Case No.340C of 2008. By the said order, the learned Magistrate has taken cognizance of offence under [STATUTE] . Learned counsel for the petitioner submits that for the same amount as per instance of the petitioner, one F.I.R. was lodged and after lodging F.I.R. the police investigated the case and found the allegation true and chargesheet was submitted against Opp.Party no. 2. On this ground, he has made prayer for quashing of order of cognizance. Patna High Court Cr.Misc. No.43528 of 2009 (7) dt.20-07-2012 2 / 2 2 Sri Pravin Kumar, learned counsel appearing on behalf of Opp.Party no.2 submits that after lodging the complaint, a certificate proceeding has also been initiated against the petitioner for recovery of the said amount. Be that as it may, the court is of the opinion that since there is, prima facie, no illegality in the order of cognizance, it may not be interefered with by this Court, while exercising power under Section 482 of the Code of Criminal Procedure. It was admitted by learned counsel for the petitioner that the petitioner in this case has already been granted bail. In that view of the matter, the Court is of the opinion that if all the pleas, which have been taken in the present petition, are taken at the appropriate state, the learned court below may examine the same and pass appropriate order in accordance with law without being prejudiced with this order. With above observation, the petition stands disposed of. NKS/- (Rakesh Kumar, 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.