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 Indi