Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23725 of 2010 ====================================================== Dayakant Tanti, Son of Late Jageshwar Tanti Resident of Mohalla – Jhapratola, Patelnagar, Ward No. 31, P.O. + P.S. and District - Saharsa. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Mohan Das, S/o Late Ganga Das, Resident of Village Basudeva, P.O. – Murli Basantpur, P.S. – Bangaon, District - Saharsa. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3 31-08-2012 Heard Sri Diwakar Prasad Singh, learned counsel for the petitioner and Sri Narsingh Tanti, learned Additional Public Prosecutor. In this case, by order dated 19/8/2011, while issuing notice to opposite party no. 2, this court had directed not to take any coercive step against the petitioner till appearance of opposite party no. 2. Despite valid service of notice, opposite party no. 2 has preferred not to appear. This petition was filed against order dated 3.12.2007 passed by Sri J.P. Kisku, learned Judicial Magistrate Ist Class, Saharsa, in Complaint Case No. 972 of 2003. By the said order learned Magistrate after enquiry has taken cognizance of offence under [STATUTE] . It was submitted by learned counsel for the petitioner that after the Patna High Court Cr.Misc. No.23725 of 2010 (3) dt.31-08-2012 2 / 2 2 order of cognizance the case was fixed for evidence before charge. However due to continuous non-appearance of the complainant the complaint petition had already been dismissed. Since the complaint petition has already been dismissed and it has not been revived till date, the court is of the opinion that no purpose would be served in keeping the present matter pending before this court. Accordingly, the petition stands disposed of. Praful/- (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.