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Synopsis

The Bombay High Court has recently granted bail to the ex-business partner of Bollywood Actor Vivek Oberoi, who was booked for allegedly duping the actor for Rs. 1.55 crores.

A single-judge bench of Justice NJ Jamdar heard a bail plea of Sanjay Pran Gopal Saha, who was arrested after Oberoi’s company filed a complaint against former partners, including Saha, his mother Nandita Saha, and Raadhika Pratap Nanda.

The FIR filed by the Chartered Accountant of Oberoi stated that Oberoi, along with one Sanjay Saha, invested in an LLP. Oberoi paid Rs. 27 lakhs for a share of 33.33%.

A 33.34% share was to be given to Sanjay Saha and his mother Nandita Saha. The remaining 33.33% share belonged to Radhika Nanda.

The co-accused formed a separate firm called Anandita Entertainment LLP, and it was alleged that Sanjay siphoned off substantial funds from Oberoi’s firm to Anandita Entertainment LLP. After an inquiry, Oberoi found that he was cheated for Rs. 1.55 crores.

The high court while granting bail noted that the dispute was related to a series on the OTT platform.

“Evidently, the alleged offences have their genesis in the partnership disputes. The matter is required to be appraised through the prism of the partnership dispute which has arisen between the partners,” the bench said.

The high court further recorded that mere failure to perform the contract by itself does not amount to cheating. It emphasized that for an offence of cheating, there should be fraudulent or dishonest intention since the inception of the transaction.

“Mere failure to perform the contract by itself does not amount to cheating. Likewise, the same act or omission may not constitute an offence of cheating and criminal breach of trust, simultaneously. All these issues would merit adjudication at an appropriate stage in the proceedings before the Magistrate,” the order reads.

Case title: Sanjay Pran Gopal Saha vs State of Maharashtra & Ors