B.V. Nagarathna JUDGMENT
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 15.09.2020 passed by the High Court of Karnataka at Bengaluru in Criminal Petition No. 3442/2020, by which, the High Court has dismissed the said criminal petition and has refused to quash the FIR/criminal proceedings against Petitioners, the original writ Petitioners before the High Court 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, inter-alia, 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. 75/2020 dated 13.03.2020 for the offence Under Section 420 of Indian Penal Code (IPC). During the course of the investigation, it was found that Appellant - Rekha Jain was absconding and the gold jewellery, taken away from the original complainant by her husband - Kamalesh Mulchand Jain, was with her, therefore, the investigation was carried out against her also, which led to the said Rekha Jain to approach the High Court by way of a petition Under Section 482 of Code of Criminal Procedure to quash the FIR against her for the offence Under Section 420 of Indian Penal Code. By the impugned order, the High Court refused to quash the criminal proceedings/FIR, even in so far as the Accused - Rekha Jain is concerned. Hence, the present appeal.
4. Learned Counsel appearing on behalf of the Appellant - Accused - Rekha Jain has vehemently submitted that considering the allegations in the complaint/FIR as they are, there are no allegations that Accused Rekha Jain induced the complainant to deliver the gold jewellery. It is submitted that the entire allegations can be said to be against Kamalesh Mulchand Jain, who happens to be the husband of the Appellant - Rekha Jain. It is submitted that therefore, when there are no allegations of inducement by present Appellant - Accused Rekha Jain, it cannot be said that the Appellant - Accused - Rekha Jain has committed any offence as alleged for the offence Under Section 420 of Indian Penal Code.
It is submitted that therefore the High Court has committed a grave error in not quashing the criminal proceedings against the Appellant - Accused - Rekha Jain for the offence Under Section 420 of Indian Penal Code.
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 Appellan........