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“6. Qua Petitioner No.1, Ld. Counsel admits that so far as Sections 406 and 498-A are concerned, there are no specific allegations. He asserts that offences punishable under Sections 420 and 120- B of the IPC have been added later on and the allegations levelled against petitioner No.1 shall well fall within the ambit of Sections 420 IPC and 417 of the IPC.”

13. Thus, it can be seen that what was left to be considered by the High Court in C.R.M.-M No.42226 of 2021, as relates accused No.6 was whether the allegations satisfied the ingredients to attract Sections 420 and 417, IPC.

14. Cheating simpliciter is punishable under Section 417, IPC. To bring home an offence under Section 415 punishable under Section 417, IPC, there must be (1) deception of any person; (2) that person must have been fraudulently or dishonestly induced – (i) to deliver any property to any person, or (ii) to consent with any person relating to any property; or (2)(a) that person must have been induced intentionally to do or omit to do anything which he would not do or omit, if he were not so deceived, and which act or omission causes or likely to cause damage or harm to that person in body, mind, reputation or property.

15. The difference between Section 417 and Section 420, IPC, is that where in pursuance of the deception, no property passes, the offence is one of cheating punishable under Section 417, IPC, but where, in pursuance of the deception, property is delivered, the offence is punishable under Section 420, IPC. It is to be noted that the High Court in respect of accused No.6 held that the allegations in the FIR would not satisfy the ingredients to attract the offence punishable under Section 417, IPC. There cannot be any doubt with respect to the position that when the ingredients to attract the offence punishable under Section 417, IPC are not satisfied there cannot be any question of such allegations/accusations attracting Section 420, IPC, for the simple reason that to bring a case within the ambit of Section 420, IPC, not only cheating is simpliciter but also by dishonest inducement of that person sought to be deceived to deliver any property must have delivered that property or made alteration or destruction of any valuable security. In view of the aforesaid position obtained with respect to applicability Sections 417 and 420, IPC, and in view of the lack of allegations/ accusations to satisfy the ingredients to constitute such offences in the subject FIR and also in the subsequently filed final report the question is whether the contention that the High Court had done an error or illegality in quashing the FIR and also all further proceedings in pursuance thereof, can be sustained. The said question can be answered only in the negative. We will dilate on the same along with consideration of the case of accused No.5. A scanning of the impugned order would also reveal the factum of subsequent filing of final report was also within the knowledge of the trial Court.