A Delhi court has ordered a fresh investigation, overturning the previous discharge of former cricketer and current Indian cricket team head coach Gautam Gambhir and others in a case involving alleged cheating of flat buyers.
Special Judge Vishal Gogne set aside the magisterial court's decision, stating that the order showed an "inadequate expression of mind" in addressing the allegations against Mr. Gambhir.
"The allegations also merit further investigation into the role of Gautam Gambhir," Judge Gogne wrote in his October 29 order.
In an alleged cheating case, real estate firms Rudra Buildwell Realty Pvt. Ltd, H R Infracity Pvt Ltd., U M Architectures and Contractors Ltd., along with former cricketer Gautam Gambhir, who served as a director and brand ambassador of the companies' joint venture, have come under scrutiny. The judge highlighted that Mr. Gambhir was the sole accused with a "direct interface with the investors" in his role as brand ambassador. Despite his previous discharge, the magisterial court's order failed to address details of his financial transactions, notably the ₹6 crore paid to Rudra Buildwell Realty Pvt. Ltd and the ₹4.85 crore he received 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 noted that Mr. Gambhir’s involvement with the company extended beyond his duties as a brand ambassador, highlighting his role as an additional director from June 29, 2011, to October 1, 2013. During this period, the real estate project was actively advertised, making him an office bearer when it was marketed to investors. Furthermore, the court emphasized that "a significant portion of the repayments" to Mr. Gambhir occurred only after 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.
Consequently, the court remanded the case to the magisterial court with instructions to issue a detailed fresh order on the charges, outlining the specific allegations against each accused in relation to the offenses and the supporting evidence in the chargesheet.
The accused were reportedly involved in jointly promoting and advertising a housing project in Indirapuram, Ghaziabad, Uttar Pradesh, initially named "Serra Bella" in 2011, which was later renamed "Pavo Real" in 2013. The prosecution alleged that complainants booked flats in the project and paid amounts ranging from ₹6 lakh to ₹16 lakh, having been enticed by the advertisements and brochures.
Despite the payments, no significant infrastructure or development took place on the plot, which remained stagnant until 2016, the time when the complaint was filed. The complainants later discovered that the proposed project was neither developed according to the approved site plan nor authorized by the relevant state government authorities.
Moreover, the companies allegedly ceased to respond to inquiries and phone calls from the complainants. They also learned that the site of the housing project was involved in ongoing litigation, with a stay order issued by the Allahabad High Court regarding possession of the land back in 2003.
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