In the case in hand, the complainant transferred a certain amount of money to the appellant upon the insistence of another Accused no. 2. It was alleged that Accused no. 1 and 2 had tricked the complainant for a heavy sum. The accused persons duped all the amounts and cheated the complainant. The case was registered against Accused no. 1 and 2 for the offence of cheating. The appellant was also drew in this case. The appellant's plea of quashing the FIR was refused by the High Court. Aggrieved by this decision, an appeal was filed in the Supreme Court.

Whether the offence of Cheating is made out if the person who cheated was dishonestly induced to deliver the property to any person?

The Court observed that “In order to attract the provisions of Section 420 of Indian Penal Code, it must be shown that the FIR/complaint discloses:

• • the deception of any person
• • fraudulently or dishonestly inducing that person to deliver any property
to any person
• • Dishonest intention of the accused at the time of making the inducement.”

The Supreme Court after considering the facts observed that continuing the criminal proceedings against the present appellant would amount to an abuse of the process of law and thus, the Court allowed the appeal and quashed the FIR.