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2017 Supreme(SC) 1145

A.K.SIKRI, ASHOK BHUSHAN
Samir Sahay @ Sameer Sahay – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellants :- Pradeep Kant, Sr. Adv., Braj Kishore Mishra, Divyanshu Sahay, Amit Bhagat, Advs.
For the Respondents:- D.K. Singh, AAG, Ms. Komal Mudhra, Saurabh Agrawal, Ardhendumauli Kumar Prasad, Alok Kumar Pandey, Advs.

JUDGMENT

Ashok Bhushan, J.

Leave granted.

2. This appeal has been filed against the judgment of Allahabad High Court dated 21.10.2016 in Criminal Revision No. 724 of 2007 dismissing the criminal revision filed by the appellant. The criminal revision was filed by the appellant challenging the order dated 28.02.2007 passed by Chief Judicial Magistrate, Fatehpur by which order Chief Judicial Magistrate rejected the application of the appellant for discharge in Criminal Case No. 545 of 2002 under Section 420 IPC.

3. The brief facts giving rise to this appeal are:

The Company, namely, M/s. Aneja Consultancy (hereinafter referred to as 'the Company') was founded in the year 1984 by one I.J. Aneja as Chairman. Father of the appellant, Major P.C. Sahay (Retd.) joined the Company as Branch Manager at District Fatehpur. Several persons including appellant as well as respondent No.2 deposited different amounts in the Company. Respondent No.2 and his wife deposited total amount of Rs. 86,000/- in the Company in June/July, 1987. The owner/Proprietor of the Company on 20.06.1996 made a public declaration that the owner would bear the full liability and responsibility of all deposits made by various i















































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