MUMBAI: Bombay High Court has rejected the pre-arrest bail plea of a Mumbai-based developer who allegedly cheated a doctor of Rs 90 lakh with the promise of a flat in his project at Parsi Colony, Wadala (W) after observing there might be other victims.
“An innocent and unsuspecting investor has been made to run from pillar to post for over a period of 10 years. What exacerbates the situation is the utterly dishonest stand of the applicant,” said Justice N J Jamadar on Aug 26.
In Jan 2012, Walkeshwar resident Rajesh Jain of Neumac Group visited a hospital in Chinchwad, Pune district, for treatment. Representing himself as a reputed developer, he induced Dr Bharati Patil and her son Dr Nirmal to invest in ‘Neumac Aura‘, promising a flat worth twice the amount. Around Rs 90 lakh was transferred to Jain’s firm till 2016. In Aug 2019, Jain issued an allotment letter for a flat on the twelfth floor. But when the Patils visited the site, there was no development. In June 2023, he refused to refund the amount and allegedly threatened them with dire consequences. Nigdi police booked Jain under Indian Penal Code sections for criminal breach of trust, cheating, and criminal intimidation.
The doctors’ advocate, Sumant Deshpande, showed photographs that construction had not advanced beyond the ground floor. Prosecutor A A Naik said Jain is arraigned in identical offences. Jain’s advocate, Amogh Singh, said only in this project he faced constraints due to certain issues. Also, that there can be no offence of cheating in the case of breach of contract.
Justice Jamadar said it has to be seen if Jain’s intention from inception was dishonest. He noted Jain’s claim that BMC had stayed the development is “incorrect”. An intimation of disapproval (IOD) was issued in Oct 2009. Thereafter, till 2017, commencement certificates were issued three times, up to the seventh floor of the rehab building. In Aug 2013, Jain announced the launch of the project. Before MahaRera, the revised proposed date of completion was June 30, 2024. “It is in the backdrop of these factors that the element of dishonest intention is required to be appreciated,” he added.
Justice Jamadar said Jain’s “endeavour is to blame every quarter” except himself for the delay and seek pre-arrest bail on grounds that “underscore intent to defraud”. His custodial interrogation is necessary, the judge said.
