VidhiSangh

Supreme Court of India · 25/08/2017

SAMIR SA.HAY @ SAMEER SAHAY versus STATE OF U.P. AND ANOTHER

[2017] 9 S.C.R. 731 · 2017 INSC 812

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Summary

The Court discharged the appellant from a cheating prosecution because the FIR and investigation material alleged only that he accompanied his father when the father assured investors. They disclosed no fraudulent or dishonest inducement by the appellant. The courts below had identified no evidence supplying the missing ingredients of Section 420 IPC.

Issues

  1. Whether the allegations and material disclosed the ingredients necessary to frame a cheating charge against the appellant.

Provisions considered

Held

Result

Appeal allowed; refusal of discharge and the High Court judgment set aside. Appellant discharged under Section 420 IPC in Case No. 545 of 2002.

Judgment PDF: Supreme Court of India, [2017] 9 S.C.R. 731.