Indian Penal Code, 1860; Section 415,420 –For attracting the provision of Section 420 of IPC, the FIR/complaint must show that the ingredients of Section 415 of IPC are made out and the person cheated must have been dishonestly induced to deliver the property to any person; or to make, alter or destroy valuable security or anything signed or sealed and capable of being converted into valuable security. In other words, for attracting the provisions of Section 420 of IPC, it must be shown that the FIR/complaint discloses: (i) the deception of any person; (ii) fraudulently or dishonestly inducing that person to deliver any property to any person; and (iii) dishonest intention of the accused at the time of making the inducement – The dishonest inducement is the sine qua non to attract the provisions of Sections 415 and 420 of IPC.
Code of Criminal Procedure, 1973; Section 482- There is nothing in the words of this section which restricts the exercise of the power of the Court to prevent the abuse of process of court or miscarriage of justice only to the stage of the FIR. It is settled principle of law that the High Court can exercise jurisdiction under Section 482 CrPC even when the discharge application is pending with the trial court -Indeed, it would be a travesty to hold that proceedings initiated against a person can be interfered with at the stage of FIR but not if it has advanced and the allegations have materialised into a charge-sheet. On the contrary it could be said that the abuse of process caused by FIR stands aggravated if the FIR has taken the form of a charge-sheet after investigation. The power is undoubtedly conferred to prevent abuse of process of power of any court – Referred to Anand Kumar Mohatta and Another v. State (NCT of Delhi), Department of Home (2019) 11 SCC 706 : 2018 INSC 1060 and Haji Iqbal alias Bala through S.P.O.A. v. State of U.P. 2023 SCC OnLine SC 946 : 2023 INSC 688. (Para 21-22)