IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.8069 OF 2008 SHYAM SUNDER PRASAD, SON OF LATE BHAGWAN DAS, RESIDENT OF MOHALLA DHANESHWAR GHAT, POLICE STATION BIHAR, DISTRICT NALANDA VERSUS THE STATE OF BIHAR ********* FOR THE PETITIONER :- MR. DEVENDRA KUMAR SINHA, SR. ADV. MR.L RAJ KISHOR PRASAD, ADVOCATE FOR THE S T A T E :- MR. JHARKHANDI UPADHYAY, A.P.P. ************* 2 28/01/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has been made accused in Bihar Police Station Case No. 382 of 2007 registered under Sections 419, 420, 120B of the Indian Penal Code. The allegations in the First Information Report is that while investigating another matter, it came to light that a joint bank account was opened in the name of one Upendra and Sarla, who is said to be the wife of Upendra and the petitioner is said to have identified the said Upendra. It is alleged that Sarla is not the wife of Upendra. Learned Counsel for the petitioner submits that Upendra, Sarla and the petitioner are all Advocates practicing at the Civil Court, Biharsharif. Admittedly, Upendra and Sarla have opened a joint bank account. There is no allegation that the money has been 2 misappropriated from the said bank account. The only allegation is that Sarla is not the wife of Upendra. There is nothing in the First Information Report to suggest that the petitioner was responsible for inducing the said Upendra to open a joint bank account with Sarla or he had persuaded Upendra and Sarla to open a joint bank account. Under such circumstances, it cannot be said that the petitioner was responsible for the offence of cheating. To constitute an offence under Section 415 of the Indian Penal Code, there must be an element of deception in order to deprive a person of his property or induce a person to deliver any property which he would not have ordinarily done so. In this case, no offence is made out under Section 415 of the Indian Penal Code as far as the petitioner is concerned. In the result, this application is allowed and the order dated 07.01.2008 passed in Bihar Police Station Case No. 382 of 2007 by the Chief Judicial Magistrate, Nalanda at Biharsharif is hereby quashed. Anand ( Sheema Ali Khan, J.)