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Cheating is an essential ingredient for an act to constitute an offence under Section 420 IPC: High court of Delhi

Cheating is an essential ingredient for an act to constitute an offence under Section 420 IPC. a fraudulent or dishonest inducement is an essential ingredient of the offence under Section 415 IPC. A person who dishonestly induced any person to deliver any property is liable for the offence of cheating. This was held in the case of Archana Rana v State of Uttar Pradhesh and another, Criminal Appeal No. 167 of 2021, by Hon’ble Justice M.R. Shah.

An FIR was lodged against the applicants for offences under Sections 419, 420, 323, 504 and 506 IPC. The content of the complaint stated that the appellant’s husband had taken a sum of Rs.5,00,000/- from him for getting his son employed and failed to provide the same. The appellants were also accused with threatening and physical assault. An application to quash the entire criminal proceedings against the appellants was dismissed by the High Court.

The counsel for the appellant submitted that the complaint taken on their face do not constitute the ingredients necessary for the offence or do not disclose the commission of an offence under IPC. Heavy reliance was placed on the case of Prof. R.K. Vijayasarathy v. Sudha Seetharam (2019) 16 SCC 739 and Dr. Lakshman v. State of Karnataka (2019) 9 SCC 677, which established the necessary ingredients to constitute an offence under Section 420 and 415. The counsel for the respondent could not substantiate the offences charged under the appellant under Section 415 and 420 of IPC.

The court observed that the averments in the FIR and the allegations in the complaint against the appellant do not constitute an offence under Section 419 & 420 IPC. Even if the Court accepts all the allegations in the complaint taken at the face value to be true, the essential ingredients of cheating was missing. The Court also opinioned that The High Court has failed to exercise the jurisdiction vested in it by not quashing the criminal proceedings against the appellant herein for the offences under Sections 419 & 420 IPC.

The court ordered to set aside the criminal proceedings against the appellants under Section 419 & 420 IPC. The other offences charged against the appellants such as 323, 504 & 506 IPC shall be continued as per the charge sheet and shall be disposed in accordance with the law.Cheating is an essential ingredient for an act to constitute an offence under Section 420 IPC. a fraudulent or dishonest inducement is an essential ingredient of the offence under Section 415 IPC. A person who dishonestly induced any person to deliver any property is liable for the offence of cheating. This was held in the case of Archana Rana v State of Uttar Pradhesh and another, Criminal Appeal No. 167 of 2021, by Hon’ble Justice M.R. Shah.

An FIR was lodged against the applicants for offences under Sections 419, 420, 323, 504 and 506 IPC. The content of the complaint stated that the appellant’s husband had taken a sum of Rs.5,00,000/- from him for getting his son employed and failed to provide the same. The appellants were also accused with threatening and physical assault. An application to quash the entire criminal proceedings against the appellants was dismissed by the High Court.

The counsel for the appellant submitted that the complaint taken on their face do not constitute the ingredients necessary for the offence or do not disclose the commission of an offence under IPC. Heavy reliance was placed on the case of Prof. R.K. Vijayasarathy v. Sudha Seetharam (2019) 16 SCC 739 and Dr. Lakshman v. State of Karnataka (2019) 9 SCC 677, which established the necessary ingredients to constitute an offence under Section 420 and 415. The counsel for the respondent could not substantiate the offences charged under the appellant under Section 415 and 420 of IPC.

The court observed that the averments in the FIR and the allegations in the complaint against the appellant do not constitute an offence under Section 419 & 420 IPC. Even if the Court accepts all the allegations in the complaint taken at the face value to be true, the essential ingredients of cheating was missing. The Court also opinioned that The High Court has failed to exercise the jurisdiction vested in it by not quashing the criminal proceedings against the appellant herein for the offences under Sections 419 & 420 IPC.

The court ordered to set aside the criminal proceedings against the appellants under Section 419 & 420 IPC. The other offences charged against the appellants such as 323, 504 & 506 IPC shall be continued as per the charge sheet and shall be disposed in accordance with the law.
Cheating is an essential ingredient for an act to constitute an offence under Section 420 IPC. a fraudulent or dishonest inducement is an essential ingredient of the offence under Section 415 IPC. A person who dishonestly induced any person to deliver any property is liable for the offence of cheating. This was held in the case of Archana Rana v State of Uttar Pradhesh and another, Criminal Appeal No. 167 of 2021, by Hon’ble Justice M.R. Shah.

An FIR was lodged against the applicants for offences under Sections 419, 420, 323, 504 and 506 IPC. The content of the complaint stated that the appellant’s husband had taken a sum of Rs.5,00,000/- from him for getting his son employed and failed to provide the same. The appellants were also accused with threatening and physical assault. An application to quash the entire criminal proceedings against the appellants was dismissed by the High Court.

The counsel for the appellant submitted that the complaint taken on their face do not constitute the ingredients necessary for the offence or do not disclose the commission of an offence under IPC. Heavy reliance was placed on the case of Prof. R.K. Vijayasarathy v. Sudha Seetharam (2019) 16 SCC 739 and Dr. Lakshman v. State of Karnataka (2019) 9 SCC 677, which established the necessary ingredients to constitute an offence under Section 420 and 415. The counsel for the respondent could not substantiate the offences charged under the appellant under Section 415 and 420 of IPC.

The court observed that the averments in the FIR and the allegations in the complaint against the appellant do not constitute an offence under Section 419 & 420 IPC. Even if the Court accepts all the allegations in the complaint taken at the face value to be true, the essential ingredients of cheating was missing. The Court also opinioned that The High Court has failed to exercise the jurisdiction vested in it by not quashing the criminal proceedings against the appellant herein for the offences under Sections 419 & 420 IPC.

The court ordered to set aside the criminal proceedings against the appellants under Section 419 & 420 IPC. The other offences charged against the appellants such as 323, 504 & 506 IPC shall be continued as per the charge sheet and shall be disposed in accordance with the law.

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