Fraudulent or dishonest incentive is an important ingredient under penal provision and a person who dishonestly caused any person to provide any residential or commercial property is liable for the offense of cheating, said the Supreme Court Monday.
A bench making up Justices D Y Chandrachud and M R Shah said as per area 415 of Indian Penal Code, which deals with cheating, an individual who was caused need to be intentionally induced to provide any home to anybody.
Thus, a fraudulent or unethical inducement is an essential active ingredient of the offense under Area 415 IPC. A person who dishonestly caused any person to provide any residential or commercial property is responsible for the offence of unfaithful, the bench said.The judgement came on an appeal filed by a female Archana Rana challenging Allahabad High Court order dismissing her plea for quashing of charge sheet under sections 419, 420, 323 (punishment for voluntary causing hurt) 504 and 506 (criminal intimidation) of the Indian Penal Code.A complainant lodged an FIR against her and her partner for the offenses under Areas 419, 420, 323, 504 (intentional insult) and 506 IPC alleging that her husband had actually taken a sum of Rs.5,00,000 Â from him for getting his child employed.However, his son did not get any employment and consequently when they went to Rana’s house to ask for the return of the cash, she supposedly attacked the plaintiff and threatened to get them incorrectly linked in criminal cases.Rana approached the High Court to quash chargesheet as well as the entire criminal proceedings.The pinnacle court held that having gone through the complaint/FIR and even the chargesheet, it can not be said that the averments in the FIR and the allegations in the grievance against the appellant make up an offense under Area 419 & 420 IPC.Whatever claims are produced the offence with respect to incentive and/or even providing Rs.5,00,000 for obtaining the task, are made against the appellant’s husband, co-accused. There are no accusations at all that the appellant herein induced the complainant to get the job and the quantity of Rs.5,00,000/- was provided to the appellant herein. Therefore, even if all the allegations in the problem taken at the face value are true, in our view, the standard vital components of unfaithful are missing out on, the bench said.The apex court stated this was a healthy case for the High Court to work out the jurisdiction under Area 482(inherent powers of HC) of Code of Crook Treatment and to quash the criminal proceedings against Rana.The leading court said that up until now as the FIR/chargesheet/criminal procedures versus the appellant for the other offenses, particularly, under Areas 323, 504 & 506 IPC are worried, the High Court has rightly not quashed the criminal proceedings qua the stated offences.In view of the reasons specified above, today appeal is allowed in part. The criminal proceedings versus the appellant for the offenses under Area 419 & 420 IPC developing out of Case Criminal Activity No. 153/2016, signed up with P.S. Kotwali, District Azamgarh, pending in the Court of learned Chief Judicial Magistrate, Azamgarh are thus quashed and set aside.The criminal proceedings versus the appellant herein for the offenses under Sections 323, 504 & 506 IPC, pending in the Court of discovered Chief Judicial Magistrate, Azamgarh, shall be continued based on the chargesheet and shall be disposed of in accordance with law, on their own merits, it said.