Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40879 of 2011 ====================================================== Vikash Kumar son of Late Parmand Roy, resident of village Chakiya,P.S. Barauni, District Begusarai .... .... Petitioner/s Versus 1. The State Of Bihar 2. Falakdhari Roy son of Late Munnilal Roy, resident of village Chakia Purana Tola,P.S.Barauni, District Begusarai .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr Ram Bilash Mahto, Sr.Advocate Mr.Dilip Kumar Roy, Advocate.. For the State : Mr. Nirmal Kumar Sinha ,APP For Opp.Party No.2 : Mr.Atul Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER -------- 6 21-03-2012 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for Opposite Party no.2. The petitioner has filed this application with a prayer to modify the directions issued by this Court on 03.08.2011 passed in Cr.Misc.No. 25666 of 2011. The petitioner is an accused of Complaint Case No.2199C of 2009 registered under [STATUTE] and 138 of the Negotiable Instrument Act. According to allegation, the petitioner had handed over a cheque of Rs.4 lacs to the complainant but it bounced. After hearing learned counsel for the parties, this Patna High Court Cr.Misc. No.40879 of 2011 (6) dt.21-03-2012 2 Court had ordered to the petitioner on 03.08.2011 in Cr.Misc.No. 25666 of 2011 to pay the amount of Rs.4 lacs to the Complainant which he had given by cheque to him. It was directed that after deposit of a Bank Draft of Rs.2 lacs in favour of the complainant, the petitioner shall be released on bail and about rest amount of Rs.2 lacs it was directed that he will go on paying within eight months from the date of his release on bail. It was also directed that if the petitioner fails to pay the rest amount of Rs. 2 lacs, his bail bond shall automatically be cancelled. Through this modification application, it has been pointed out that due to poverty the petitioner could not pay the amount, as directed by this Court, and he is in custody even though he has been granted bail. The petitioner has expressed his willingness to pay the amount but he wants that the previous conditions could be modified to some extent. Presently he is ready with a Bank draft of Rs.50,000/-(Rupees Fifty thousand) and for the rest amount of Rs.3,50,000/- (Rupees three lacs and fifty thousand) it has been submitted that the payment would be made in instalments after release of the petitioner. Learned counsel for the complainant and the State have raised no objection. Considering the willingness of the petitioner to pay the Patna High Court Cr.Misc. No.40879 of 2011 (6) dt.21-03-2012 3 entire amount, the condition imposed in the earlier order dated 03.08.2011 is modified to the extent that the petitioner would be released forthwith on depositing a Bank draft of Rs.50,000/- (Rupees fifty thousand) before the court below. Other terms and conditions, as mentioned in the earlier order dated 03.08.2011, shall remain the same. The Bank draft of the said amount should be given to the complainant on proper identification. As per undertaking of the petitioner regarding the rest amount of Rs.3,50,000/-(Rupees three lacs and fifty thousand), the petitioner will go on paying either monthly, by monthly or quarterly in instalments but the entire amount of Rs.3,50,000/- (Rupees three lacs and fifty thousand) will be paid within eighteen months from the date of his release. Learned counsel for the complainant submits that the complainant will make available the Account number of the Bank to the petitioner and the petitioner undertakes that he will deposit the amount in the said account of the complainant. If the petitioner evades in receiving account number of the complainant, then the complainant will provide the account number to the Court. Copy of the complaint petition has been filed to show that the previous cheque was deposited in A/C No. 9076 of Bank of India situated at B.T.P.S. To ease further complication, it would Patna High Court Cr.Misc. No.40879 of 2011 (6) dt.21-03-2012 4 be proper for the petitioner to deposit the amount in A/C No. 9076 of complainant which is of Bank of India at B.T.P.S. If the account number of the complainant has changed, then he will bring on record the new account number and the liability will be of the petitioner to procure the number from the Court and he will go on paying the remaining amount of Rs.3,50,000/-(Rupees three lacs and fifty thousand) in the changed account number, if any. With the above modification, this application is disposed of. Let this order be transmitted to Sri Abhishek Kunal, Judicial Magistrate, Ist Class, Begusarai in Complaint Case No. 2199 C of 2009 through FAX at the cost deposited by the petitioner. Tahir/- (Shyam Kishore Sharma, 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.