Gambhir who is also the present head coach of India was given orders to be tried in this issue by the Delhi court due to the allegation of cheating some flat purchasing from an officer. As reported from New Delhi, the magisterial order was refused by Vishal Gogne who described his decision saying it lacks ‘sufficient expression of mind’ against the complaint accused against him.
“The allegations also call for further investigation into Gautam Gambhir’s involvement, wrote Judge Gogne in his order on 29th October.
Alleged real estate cheating case: Gambhir pays off the underworld connections of Rudra builders.
The judge said Gambhir was the only accused who had a direct interface with the investors as a brand ambassador. Even when he was discharged, there was no mention of the magisterial court’s order that he paid Rs 6 crore to Rudra Buildwell Realty Pvt. Ltd and received Rs 4.85 crore from the company.
“The chargesheet did not clarify whether the amounts paid back to him by Rudra had any nexus or were sourced from the funds received from the investors in the project in question. Since the core of the allegations pertains to the offence of cheating, it was required to be clarified by the chargesheet and also by the impugned order whether any component of the cheated amount(s) came to the hand of Gambhir,” the judge said.
The court highlighted Gambhir had done some business deals with the firm besides acting as a brand ambassador and also was the additional director from June 29, 2011 till October 1, 2013, and thereby appended, “Thus, he was an office bearer when the project was advertised.”
The court further remarked, “The bulk of the repayment to him” followed only after he had put in his resignation as additional director on October 1, 2013.
“Yet, the impugned order generalised the findings against Gambhir by combining the findings against him with observations of the court regarding other accused (not named in the complaint). The impugned order reflects inadequate expression of mind in deciding the allegations against Gambhir. The allegations also merit further investigation into the role of Gambhir,” said the order.
The court remitted the case to the magisterial court and directed it “to pass a detailed fresh order on the charge specifying the allegations against each accused” on the offences and the connected evidence in the chargesheet.
The accused, as reported, together promoted and advertised an upcoming housing project at Indirapuram, Ghaziabad, Uttar Pradesh called “Serra Bella” in 2011 which was renamed in 2013 as “Pavo Real”.
According to the prosecution, complainants had booked flats in the projects and paid sums ranging from Rs 6 lakh to Rs 16 lakh after being attracted by advertisements and brochures.
Even after such payments, no infrastructural or other development of significance was made on the plot in question, and the land remained bereft of any progress till 2016, the time of making of the complaint, it added.
It alleged that complainants thereafter discovered that the intended project was neither designed according to the site plan, nor had it been approved by the competent state authorities.
The companies reportedly refused to attend the calls and letters from the petitioners who, while going further in the matter found the land, where this housing project is being erected, is facing litigation also, and that Allahabad High Court passed a stay order against its possession since 2003.
