![]() ![]() The allegations of dishonest inducement and cheating are against her husband, accused Kamalesh Mulchand Jain. 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. To make out a case against a person for the offence under Section 420 of the Indian Penal Code, 1860, there must be a dishonest inducement to deceive a person to deliver any property to any other person. Offence of cheating under Section 420 of Indian Penal Code 3442/2020, by which, the Hon’ble Karnataka High Court had dismissed the said criminal petition and had refused to quash the FIR/criminal proceedings against Petitioners. Rekha Jain approached the Hon’ble Karnataka High Court by way of a Petition under Section 482 of the Code of Criminal Procedure, 1973, however, the Hon’ble Karnataka High Court refused to quash the criminal proceedings/FIR.įeeling aggrieved and dissatisfied with the impugned judgment and order dated Septempassed by the Hon’ble Karnataka High Court at Bengaluru in Criminal Petition No. Therefore, the investigation was carried out against her as well. Thereafter, an FIR was registered for the offence under Section 420 of the Indian Penal Code, 1860 and at the time of investigation, it was found that Rekha Jain, the wife of the accused was absconding and the gold jewellery, taken away from the original complainant by her husband Kamalesh Mulchand Jain, was with her. 1 in the present appeal (original complainant), had lodged a complaint against one Kamalesh Mulchand Jain, alleging, inter ¬alia, that by misrepresentation, inducement and with an intention to cheat, the said Kamalesh Mulchand Jain had taken away 2 kg and 27 grams of gold jewellry. In Rekha Jain Vs The State of Karnataka & Anr., the Respondent No. However, in a significant development, the Supreme Court has ruled that to make out a case against a person for an offence under Section 420 of the Indian Penal Code, 1860 there must be a dishonest inducement to deceive a person to deliver any property to any other person. Police also generally toe that line of action and unnecessarily, innocent wife is dragged into problems.Ĭourts are reluctant too to give any relief at this stage of investigation. It is very commonly observed that in order to exert pressure, especially in cheating cases, a wife is made an accused for a criminal act of her husband. Can cheating Case be Quashed if no Allegation of Dishonest Inducement is made ? ![]()
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