TaxTMI 
TaxTMI 
2022 (5) TMI 1622
X X X X Extracts X X X X
X X X X Extracts X X X X
....have preferred the present appeal. 2. At the outset, it is required to be noted that by order dated 08.01.2021, the present appeal in respect of petitioner No. 1 (Kamalesh Mulchand Jain) has been dismissed and the notice has been issued in respect of appellant - petitioner No. 2 (Rekha Jain). Therefore, the present appeal is required to be considered qua accused Rekha Jain only. 3. That respondent No. 2 herein - original complainant lodged a complaint against one Kamalesh Mulchand Jain (husband of Rekha Jain), alleging, interalia, that by misrepresentation, inducement and with an intention to cheat him, the said Kamalesh Mulchand Jain had taken away 2 kg and 27 grams of gold jewellery. A complaint was registered as FIR/Crime Case No. 75/2....
X X X X Extracts X X X X
X X X X Extracts X X X X
....al proceedings against the appellant - accused Rekha Jain for the offence under Section 420 of IPC. 5. The present appeal is vehemently opposed by Shri Saket Gogia, learned counsel appearing on behalf of the original complainant. 5.1 It is vehemently submitted by learned counsel appearing on behalf of the original complainant that the appellant - accused - Rekha Jain is found to be in possession of the gold jewellery, which was taken away from the complainant. That even the appellant - accused - Rekha Jain was absconding. It is contended that it cannot be said that the appellant has not committed any offence at all. That the appellant - accused may be charged for the other offences of keeping the gold jewellery, which is property obtained....
X X X X Extracts X X X X
X X X X Extracts X X X X
....PC, 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. Therefore, the High Court has committed a grave error in not quashing the criminal proceedings against Rekha Jain for....