Chargesheet filed against BJP MP Gautam Gambhir in cheating case

Agencies
September 28, 2019

New Delhi, Sept 28: The Delhi Police has filed a supplementary charge sheet before a city court against cricketer-turned-politician Gautam Gambhir and several others for alleged criminal breach of trust and cheating flat buyers.

Over 50 flat buyers have filed a complaint alleging that they booked flats in a real estate project in Ghaziabad's Indirapuram in 2011 but it did not take off.

Gambhir, a BJP MP, was a director and brand ambassador of the joint project of Rudra Buildwell Reality Pvt Ltd and H R Infracity Pvt Ltd, against which a case was lodged in 2016 for allegedly duping people of crores of rupees on the pretext of booking apartments in the housing project.

In its charge sheet, the police alleged that "the developers executed Builder Buyer Agreement with the victims in June-July, 2014 even after the expiry of sanctioned building plan on June 6, 2013. Developers have been demanding and collecting money from the victims unauthorizedly even after June 23, 2013."

"Investors have been deliberately kept in dark about the litigations involving hr proposed site of land. Authorities cancelled the sanction/ approval etc. for the project on April 15, 2015 due to default of payments of requisite licence fees etc. and non-compliance of other formalities," the final report said.

Besides Gambhir and the firm, the charge sheet also includes the name its other promoters -- Mukesh Khurana, Gautam Mehra and Babita Khurana -- as accused.

The report was file under various sections, including 406 (criminal breach of trust), 420 (cheating) and 34 (criminal act is done by several persons in furtherance of the common intention), of the IPC.

The complainants have alleged that "the project was extensively promoted and advertised and Gambhir, as the brand ambassador, helped in attracting and inviting buyers to invest in the project".

Comments

INDIAN
 - 
Sunday, 29 Sep 2019

this guy is becoming ##### day by day...such a maron cricket played of india...atleast he spend his retirment life enjoying instead of politic..most people hate him now

SAHANU
 - 
Sunday, 29 Sep 2019

CRIMINAL IS ONE OF THE BASIC QUALIFICATION TO BECOME THE BJP CANDIDATE OR BRAND AMBASADOOR

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News Network
February 14,2020

London, Feb 14: Liquor tycoon Vijay Mallya once again asked the Indian banks to take back 100 per cent of the principal amount owed to them at the end of his three-day British High Court appeal on Thursday against an extradition order to India.

The 64-year-old former Kingfisher Airlines boss, wanted in India on charges of fraud and money laundering amounting to an alleged Rs 9,000 crores in unpaid bank loans, said the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) are fighting over the same assets and not treating him reasonably in the process.

“I request the banks with folded hands, take 100 per cent of your principal back, immediately,” he said outside the Royal Courts of Justice in London.

“The Enforcement Directorate attached the assets on the complaint by the banks that I was not paying them. I have not committed any offenses under the PMLA (Prevention of Money Laundering Act) that the Enforcement Directorate should suo moto attach my assets," he said.

"I am saying, please banks take your money. The ED is saying no, we have a claim over these assets. So, the ED on the one side and the banks on the other are fighting over the same assets,” he added.

Asked about heading back to India, he noted: “I should be where my family is, where my interests are.

"If the CBI and the ED are going to be reasonable, it’s a different story. What all they are doing to me for the last four years is totally unreasonable.”

Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench presiding over the appeal, concluded hearing the arguments in the case and said they will be handing down their verdict at a later date after considering the oral as well as written submissions in the “very dense” case over the next few weeks.

On a day of heated arguments between Mallya’s barrister, Clare Montgomery, and Crown Prosecution Service (CPS) counsel Mark Summers, arguing on behalf of the Indian government, both sides clashed over the prima facie case of fraud and deception against Mallya.

“We submit that he lied to get the loans, then did something with the money he wasn’t supposed to and then refused to give back the money. All this could be perceived by a jury as patently dishonest conduct,” said Summers.

“What they [Kingfisher Airlines] were saying [to the banks] about profitability going forward was knowingly wrong,” he said, as he took the High Court through evidence to counter Mallya’s lawyers’ claims that Westminster Magistrates Court Judge Emma Arbuthnot had fallen into error when she found a case to answer in the Indian courts against Mallya.

Mallya, who remains on bail on an extradition warrant, is not required to attend the hearings but has been in court to observe the proceedings since the three-day appeal opened on Tuesday. A key defence to disprove a prima facie case of fraud and misrepresentation on his part has revolved around the fact that Kingfisher Airlines was the victim of economic misfortune alongside other Indian airlines.

However, the CPS has argued that “there is enough in the 32,000 pages of overall evidence to fulfil the [extradition] treaty obligations that there is a case to answer”. “There is not just a prima facie case but overwhelming evidence of dishonesty… and given the volume and depth of evidence the District Judge [Arbuthnot] had before her, the judgment is comprehensive and detailed with the odd error but nothing that impacts the prima facie case,” said Summers.

At the start of the appeal, Mallya’s counsel claimed Arbuthnot did not look at all of the evidence because if she had, she would not have fallen into the multiple errors that permeate her judgment. The High Court must establish if the magistrates’ court had in fact fallen short on a point of law in its verdict in favour of extradition.

Representatives from the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI), as well as the Indian High Commission in London, have been present in court to take notes during the course of the appeal hearing.

Mallya had received permission to appeal against his extradition order signed off by former UK home secretary Sajid Javid last February only on one ground, which challenges the Indian government's prima facie case against him of fraudulent intentions in acquiring bank loans.

At the end of a year-long extradition trial at Westminster Magistrates’ Court in London in December 2018, Judge Arbuthnot had found “clear evidence of dispersal and misapplication of the loan funds” and accepted a prima facie case of fraud and a conspiracy to launder money against Mallya, as presented by the CPS on behalf of the Indian government.

Mallya remains on bail since his arrest on an extradition warrant in April 2017 involving a bond worth 650,000 pounds and other restrictions on his travel while he contests that ruling.

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News Network
March 2,2020

New Delhi, Mar 2: The Supreme Court on Monday dismissed a curative petition filed by convict Pawan Kumar Gupta who was sentenced to death in the 2012 Nirbhaya gang rape and murder case.

A five-judge bench headed by Justice N V Ramana said that no case is made out for re-examining the conviction and the punishment of the convict.

Other members of the bench were justices Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan.

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News Network
May 30,2020

New Delhi, May 30: India witnessed the highest ever spike of 7,964 coronavirus positive cases in the last 24 hours, taking the total number of COVID-19 cases in the country to 1,73,763, according to the Union Ministry of Health and Family Welfare.

With as many as 265 deaths reported in the last 24 hours, the death toll due to the virus now stands at 4,971.

Out of the total number of coronavirus cases, 86,422 are active and 82,370 have been cured/discharged/migrated.

Among the states, Maharashtra remains the worst-affected with 62,228 COVID-19 cases, followed by Tamil Nadu (20,246), Delhi (17,386) and Gujarat (15,934).

The fourth phase of the nationwide lockdown imposed as a precautionary measure to contain the spread of COVID-19 is slated to end on Sunday.

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