Cheating case filed under section 420 IPC liable to be quashed if no allegation of dishonest inducement is levelled against the accused.

Cheating case filed under section 420 IPC liable to be quashed if no allegation of dishonest inducement is levelled against the accused.

The Supreme Court in Rekha Jain vs State of Karnataka held that to make out a case against a person for the offence under Section 420 of the Indian Penal Code, there must be a dishonest inducement to deceive a person to deliver any property to any other person.

 In the instant case, a complaint was filed against one Mr Kamlesh Mulchand Jain (husband of the petitioner) that he with an intention to cheat him, by misrepresentation and inducement had taken away 2 kg 27 grams of gold jewellery from the complainant. However, in the further turn of events, his wife Rekha Jain was absconding and it was found that the jewellery in question is with her so investigation was carried out against her as well. She also approached the Karnataka High Court u/s 482 to quash the FIR against her but the High Court denied her application. Hence, she knocked on the doors of the Apex Court.

The Supreme Court after hearing the matter observed that  the bench noted that the entire allegations are against the accused Kamalesh Mulchand Jain and there are no allegations whatsoever to the effect that the accused ­ Rekha Jain induced the complainant to part with the gold jewellery.

It was observed that “As per Section 420 of IPC, whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, can be said to have committed the offence under Section 420 of IPC. Therefore, to make out a case against a person for the offence under Section 420 of IPC, there must be a dishonest inducement to deceive a person to deliver any property to any other person. In the present case, there is no allegation at all against accused – Rekha Jain of any inducement by her to deceive and to deliver the gold jewellery. The allegations of dishonest inducement and cheating are against her husband – accused – Kamalesh Mulchand Jain. Therefore, considering the allegations in the FIR/complaint as they are, and in the absence of any allegation of dishonest inducement by Rekha Jain, it cannot be said that she has committed any offence under Section 420 of IPC for which she is now chargesheeted.”