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 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. As per Section 420 of the
Indian Penal Code, 1860, whoever cheats and thereby dishonestly
induces the person deceived to deliver any property to any person,
can be said to have committed an offence as per Section 420 of the
Indian Penal Code, 1860.
Brief facts of the case
The Respondent No. 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 jewellery.
Thereafter, an FIR was registered for the offence under Section 420
of the
