Case Facts:
Patna High Court Cr.Misc. No.19966 of 2012 (03) dt.30-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19966 of 2012 ==================================================== == 1.Anant Kamalia 2. Aditya Kamalia, both sons of Late Vishnu Kamalia, R/O Vishnu Bhawan, Jaikrishna Road, Hajiganj, P.S-Chowk, Dist- Patna.... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ==================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ==================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 03 30-05-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is apprehending his arrest in connection with Complaint Case No. 111© /09 registered under [STATUTE] . It is alleged that loan was given to the registered Company when father of petitioners was one of the director of said company along with two Directors of the Company and one. The notice for recovery was given to the father of the petitioner as well as the two directors. But the said notice was return unserved due to death of their father. Hence the petitioners were made accused in place of father alleging that money paid has not been returned. Learned counsel for the petitioners submits that the matter relates to non-payment of the loan. The loan was taken by the father of the petitioners as a Director of that Company and hence no liability can be fixed on the petitioners and moreover the liability is of the civil in nature. Patna High Court Cr.Misc. No.19966 of 2012 (03) dt.30-05-2012 Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest/ surrender within a period of four weeks from today shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Patna city in connection with Complaint Case No 111©/ 2009 subject to the condition as laid down under Section 438(2) of the Cr.P.C Namita/- (Gopal Prasad, 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.