Recently, the Bombay High Court granted bail to the ex-business partner of Bollywood actor Vivek Oberoi, who had been accused of embezzling Rs. 1.55 crore from the actor.

Justice NJ Jamdar, presiding over a single-judge bench, considered the bail application of Sanjay Pran Gopal Saha. Saha was apprehended subsequent to a complaint filed by Oberoi's company against him, his mother, Nandita Saha, and Raadhika Pratap Nanda, alleging misconduct by former business partners.

As per the FIR lodged by Oberoi's Chartered Accountant, it was outlined that Oberoi, in collaboration with Sanjay Saha, contributed to an LLP. Oberoi's investment amounted to Rs. 27 lakh, securing a 33.33% stake in the venture.

Sanjay Saha and his mother, Nandita Saha, were designated to receive a combined share of 33.34%, while Radhika Nanda held the remaining 33.33% stake. However, the co-accused individuals established a distinct entity named Anandita Entertainment LLP. Allegations surfaced suggesting that Sanjay illicitly transferred significant funds from Oberoi's company to Anandita Entertainment LLP. Following an investigation, Oberoi discovered that he had been defrauded of Rs. 1.55 crore.

In granting bail, the High Court observed that the dispute was linked to a series airing on the OTT platform.

Additionally, the High Court recorded that simply failing to fulfill contractual obligations does not automatically constitute cheating. It stressed that to establish the offense of cheating, there must be evidence of fraudulent or dishonest intent from the outset of the transaction.

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