The Hon’ble Supreme Court vide its judgment dated May 10,
2022 in Rekha Jain Vs The State of Karnataka &
Anr.¹ held that to make out a case towards a
individual for an offence below Section 420 of the Indian Penal Code,
1860 there have to be a dishonest inducement to deceive an individual to
ship any property to another individual. As per Section 420 of the
Indian Penal Code, 1860, whoever cheats and thereby dishonestly
induces the individual deceived to ship any property to any individual,
will be mentioned to have dedicated an offence as per Section 420 of the
Indian Penal Code, 1860.

Brief details of the case

The Respondent No. 1 within the current attraction (authentic
complainant), had lodged a criticism towards one Kamalesh Mulchand
Jain, alleging, inter ¬alia, that by misrepresentation,
inducement and with an intention to cheat, the mentioned Kamalesh
Mulchand Jain had taken away 2 kg and 27 grams of gold jewelry.
Thereafter, an FIR was registered for the offence below Section 420
of the Indian Penal Code, 1860 and on the time of investigation, it
was discovered that Rekha Jain, the spouse of the accused was absconding
and the gold jewelry, taken away from the unique complainant by
her husband Kamalesh Mulchand Jain, was along with her. Therefore, the
investigation was carried out towards her as effectively. Rekha Jain
approached the Hon’ble Karnataka High Court by the use of a
Petition below Section 482 of the Code of Criminal Procedure, 1973,
nevertheless, the Hon’ble Karnataka High Court refused to quash
the legal proceedings/FIR. Feeling aggrieved and dissatisfied
with the impugned judgment and order dated September 15, 2020
handed by the Hon’ble Karnataka High Court at Bengaluru in
Criminal Petition No. 3442/2020, by which, the Hon’ble
Karnataka High Court had dismissed the mentioned legal petition and
had refused to quash the FIR/legal proceedings towards
Petitioners, the unique Writ Petitioners earlier than the Hon’ble
Karnataka High Court have most well-liked the current Appeal.

Offence of dishonest below Section 420 of Indian Penal Code

To make out a case towards an individual for the offence below
Section 420 of the Indian Penal Code, 1860, there have to be a
dishonest inducement to deceive an individual to ship any property to
another individual. In the current case, there isn’t any allegation at
all towards accused Rekha Jain of any inducement by her to deceive
and to ship the gold jewelry. The allegations of dishonest
inducement and dishonest are towards her husband, accused Kamalesh
Mulchand Jain. Therefore, contemplating the allegations within the
FIR/criticism as they’re, and within the absence of any allegation of
dishonest inducement by Rekha Jain, it can’t be mentioned that she has
dedicated any offence below Section 420 of the Indian Penal Code,
1860 for which she has been charge-sheeted. Allowing the attraction,
the Hon’ble Supreme Court noticed that the Hon’ble
Karnataka High Court ought to have exercised its powers below
Section 482 of the Code of Criminal Procedure, 1973 to rightfully
quash the legal proceedings towards Rekha Jain for the offence
below Section 420 of the Indian Penal Code, 1860, for which she
stands wrongfully accused. The Hon’ble Karnataka High Court
has actually dedicated a grave error in not so quashing the legal
proceedings towards Rekha Jain, this being a match case for train
of their powers on this regard.

Conclusion

The Hon’ble Supreme Court famous within the current attraction,
that your entire allegations are towards the accused Kamalesh
Mulchand Jain and there aren’t any allegations in anyway to the impact
that the accused ¬ Rekha Jain dishonestly induced the unique
complainant to half with the gold jewelry. Therefore, within the
absence of any allegation of dishonest inducement by the accused
Rekha Jain, she can’t be prosecuted for the offence below Section
420 of the Indian Penal Code, 1860 as that’s the obligatory
substance to show an offence below the mentioned part.

Footnote

1. Criminal Appeal No. 749 of 2022.

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