MUMBAI: Granting bail to Kamala Mills compound owner Ramesh Gowani, arrested last month by the Economic Offences Wing (EOW) for allegedly defrauding a businessman of Rs 67.5 crore, a sessions court has held that prima facie an offence of cheating is not made out against him.
The judge observed it cannot be said Gowani had an intention to cheat when he entered into a deed of conveyance with the complainant to buy a plot. The judge said that if the complainant, “a literate person”, did not receive payment, he should have approached the police at the time the deed was executed.
“(The) complainant confirmed the deed of conveyance by executing another document in October 2016. Even at that point, nowhere he complained about non-receipt of consideration amount. At the time of cancellation of both documents, Rs 4 crore was paid by (Gowani’s company) to M/s Bhavesh on the instructions of the complainant,” the judge said. “Thus… it cannot be said that there was any misleading or false representation by the accused which induced the complainant to sign all three documents. It cannot be said the accused played fraud upon the complainant and induced him to execute the documents.”
The accused and the complainant are claiming to be in possession of and to be the owner of the property, the judge said, adding, “In such factual background, custody of the accused is no more required; necessary conditions can be imposed which would deter the accused from interfering in the investigation of the instant crime.”
Granting bail, the judge imposed conditions: “(Gowani) shall not cause any hindrance to investigating machinery in collection of evidence… shall surrender his passport … shall not leave India without permission of this court.” The judge directed him not to alienate any property in his name or those of his wife or children without court permission. “The applicant shall not tamper with prosecution evidence or pressurise prosecution witnesses.”
While Gowani was granted bail on Saturday, a detailed order copy was made available on Tuesday. The prosecution contended that Gowani, who owns a real estate company, Amikrupa Land Developers, had purchased a 2,204-sq-metre plot in Santacruz (West) from the complainant and promised to provide Rs 20 crore, 10 flats and a shop in exchange. According to the allotment letter given to the complainant, seven flats were sold to third parties, and two flats were mortgaged to a finance company. The police registered an FIR against Gowani and his wife, Nidharshana, for cheating and misappropriation of funds.Gowani moved court on July 21 after a magistrate’s court had rejected his plea on July 16.
