Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code in a company wherein appellant's father was Branch Manager 1860 -s.420 - FIR by Respondent No.2 against the appellant and his father u/s.420 alleging that he suffered loss due to false assurance given to him to invest money and get double the amount so invested |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 -s.420 - FIR by Respondent No.2 against A B the appellant and his father uls.420 alleging that he suffered loss due to false assurance given to him to invest money and get double C the amount so invested, in a company wherein appellant'.~ father was Branch Manager - However. no such repayment was made to Respondent No.2 - Charge sheet filed uls.420 - Application filed by appellant for discharge before Chief Judicial Magistrate (CJM), dismissed - Criminal Revision filed by appellant dismissed by High Court - On appeal, held: Jn the present case ingredients of s.420 D were not made out so as to frame any charge uls.420 against the appellant - Even in the FIR, allegation of making assurance was made against the father of the appellant and not against the appellant - The only allegation made against the appellant was that he accompanied his father - There was no allegation that the E appellant fraudulently or dishonestly induced the Respondent No.2 to deposit money - Order of CJM and the judgement of High Court are set aside - Appellant shall stand discharged from the charges ul s.420. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 812 |
Petitioner | Samir Sahay @ Sameer Sahay |
Respondent | State Of U.p. And Another |
SCR | [2017] 9 S.C.R. 731 |
Judgement Date | 2017-08-25 |
Case Number | 1541 |
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