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SUPREME COURT OF INDIA
ASHOK BHUSHAN, J
SAMIR SAHAY @ SAMEER Sahay – Appellant
Versus
STATE OF U.P. AND ANOTHER – Respondent
| Table of Content |
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| 1. background of the case involving investments and allegations of fraud against the appellant. (Para 2 , 3 , 4 , 10) |
| 2. arguments regarding lack of evidence for allegations under ipc. (Para 7 , 8) |
| 3. court's findings that the charges under ipc were not substantiated. (Para 16 , 20) |
| 4. judicial overview emphasizing requirement of proven intent for charges of cheating. (Para 21) |
ASHOK BHUSHAN,
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 .
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.
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