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2023 Supreme(Del) 60

AMIT MAHAJAN
Bindu Rana – Appellant
Versus
Serious Fraud Investigation Office – Respondent


Advocate Appeared:
For the Appellant :Mr. Neeraj Krishan Kaul & Mr. Saurabh Kirpal, Sr. Advocates with Mr. Gautam Khazanchi, Mr. Anuj Aggarwal & Mr. Shubham Kumar Jain, Mr. Kaushal Kait, Mr. Jatin Yadav, Mr. Toshiv Goyal, Advocates
For the Respondent:Mr. Anurag Ahluwalia, with Mr. Abhigyan Sidhant, Mr. Arib Ansari, Prosecutor, (SFIO), Mr. Tarun Srivastava, Mr. Vishal Shrivastava, Ms. Shivani Sharma, Advocates

JUDGMENT :

AMIT MAHAJAN, J.

1. The present application is filed seeking regular bail in an arrest under Section 212(8) of the Companies Act, 2013 (hereinafter referred as “the Companies Act”), in relation to the investigation being conducted by Serious Fraud Investigation Office (“SFIO”) for offence(s) under Section 447 of the Companies Act, 2013. Section 447 of the Companies Act reads as under:

    “447. Punishment for fraud

Without prejudice to any liability including repayment of any debt under this Act or any other law for the time being in force, any person who is found to be guilty of fraud, [involving an amount of at least ten lakh rupees or one per cent of the turnover of the company, whichever is lower], shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to ten years and shall also be liable to fine which shall not be less than the amount involved in the fraud, but which may extend to three times the amount involved in the fraud:

Provided that where the fraud in question involves public interest, the term of imprisonment shall not be less than three years.

[Provided further that where the fraud involves an amount less than t

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