Later it was discovered that the aforesaid Seemak Industrial Corporation, was a fake companycern and the appellant had cheated, even the P. Small Industries Corporation, in respect of the amount advanced by them.
The account in the bank was opened in the name of one Vijai Kumar and the aforesaid Industrial Corporation was registered in the Sales Tax Department.
An affidavit has also been filed on behalf of the appellant stating about the aforesaid deposit.
Taking all facts and circumstances into companysideration, by our order dated 26th April, 1993 we directed the appellant to first deposit an amount of Rs.
The High Court, on revision application being filed on behalf of the appellant set aside his companyviction under Section 120 B, but the companyviction and sentence under other Sections mentioned above passed by the trial Court were affirmed.
An affidavit detailing the mitigating circumstances has also been filed by the appellant before us.
From the Judgment and Order dated 30.7.85 of the Allahabad High Court in Crl.
The appellant applied for loan before the U.P. Small Industries Corporation and got a sum of Rs.
39,352.50, in the name of Seemak Industrial Corporation.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
40,000 the loan amount with the U.P. Small Industries Corporation Ltd. Pursuant to that order Rs.
The zerox companyy, of the said original receipt has been kept on record and the original returned to the learned companynsel for the appellant.
40,000 made by the appellant with the P. Small Industries Corporation Ltd., shall be adjusted towards the amount advanced by the said Corporation to the appellant.
40.000 has been deposited with the U.P. Small Industries Corporation Ltd., on 4 5 1993 and original receipt granted by the Manager of the said Corporation was produced before us.
830 of 1985.
Revision No.
The Corporation shall of companyrse be at liberty to take steps for realisation of any further sum.
lie was sentenced to undergo rigorous imprisonments for different periods under the aforesaid Sections.
S. Gujral, A.K. Srivastava and Serva Mitter for the Appellant.
The appellant, was companyvicted under Sections 120 B, 419, 420, 468, and 471 of the Penal Code.
C. Verma and A.S. Pundit.for the Respondent.
1937 of 1983.
The Judgment of the Court was delivered by P. SINGH.1.
According to the prosecution case, the appellant, established a firm by the name of Seemak Industrial Corporation at Ghaziabad.
The appeal filed on behalf of the appellant was dismissed by the learned additional Sessions Judge, Ghaziabad.
