Harshavardhan Reddy — Does not paid the wages or salary more than 10months | |||||
He is a fraud person with employee who work for him. He first give me good package promise for monthly 25000 With 5000 bonus each month But he give only 2 month after it a long time he just give fake promise and fake assurance each week and each month sure give you your wages and salary of work you completed and doing for me. Many things which i did for him with a trust but he ruined and destroyed my trust and faith from him. After i stopped contacting him think share this real scenario with all so no one else can get hurt or lost or get destroyed by this fraud person harshvardhan reddy He is owner of hvr sports inc site and saying we do best big in industries but do zero and zero plus no value of employees in his office. I highly denied and approach to all please do not join this person harshavardhan reddy organization on any salary + wages package. Was this information helpful? | |||||
 18 Comments | |||||
Comments
If he did this then he need to give the stuck amount of anyhow to employees
Reply
i always saying do not store the amount of employees
or
you well get store in black door for all life..you MF people
or
you well get store in black door for all life..you MF people
Harshavardhan Reddy
Full Family
is Fraud
NAVI MUMBAI/ HYDERABAD: Members of a high profile Reddy family who were arrested on a non-bailable warrant by the Navi Mumbai police on Tuesday from their Banjara Hills residence in Hyderabad were granted conditional bail at the Civil and Criminal Court in Navi Mumbai on Wednesday.
The arrest was made following a complaint of cheating and harassment filed against them by the Navi Mumbai-based Haware builders.
http://timesofindia.indiatimes.com/city/hyderabad/City-family-held-for-fraud/articleshow/2055889.cms
Full Family
is Fraud
NAVI MUMBAI/ HYDERABAD: Members of a high profile Reddy family who were arrested on a non-bailable warrant by the Navi Mumbai police on Tuesday from their Banjara Hills residence in Hyderabad were granted conditional bail at the Civil and Criminal Court in Navi Mumbai on Wednesday.
The arrest was made following a complaint of cheating and harassment filed against them by the Navi Mumbai-based Haware builders.
http://timesofindia.indiatimes.com/city/hyderabad/City-family-held-for-fraud/articleshow/2055889.cms
The court asked for a bond deposit of Rs 15, 000 along with sureties that the four members of the Reddy family will regularly attend court hearings before granting the conditional bail.
The accused Pratima Reddy (54), her son Rohit Reddy (32), daughter Nitya Reddy (36) and Nitya's husband Harshvardhan Reddy (35) reportedly run Mohan Entertainment Company Limited (MECL) that is re
The accused Pratima Reddy (54), her son Rohit Reddy (32), daughter Nitya Reddy (36) and Nitya's husband Harshvardhan Reddy (35) reportedly run Mohan Entertainment Company Limited (MECL) that is re
registered in Hyderabad, and got into a deal with Haware builders in the year 2003.
"My brother had struck the deal when he was introduced to the Reddys through their political contacts. Mohan Reddy, founder of MECL had then said he was well connected with the film fraternity and we were interested in an entertainment venture with them, " Suresh Haware of the Haware Group said.
In 2003, Haware builders paid Rs 1.5 crore through share transfer agreement to purchase 90 per cent of MECL's shares. "We gave our original documents at the Registrar of Companies office in Hyderabad to gain control over MECL, " said Haware, adding that the company ownership was transferred to Haware.
In 2003, Haware builders paid Rs 1.5 crore through share transfer agreement to purchase 90 per cent of MECL's shares. "We gave our original documents at the Registrar of Companies office in Hyderabad to gain control over MECL, " said Haware, adding that the company ownership was transferred to Haware.
He alleged that all the original documents submitted to RoC in Hyderabad were somehow replaced with fake certificates, and MECL soon started claiming that they did not have anything to do with Haware developers. The Hawares then filed a civil complaint in the city civil court of Thane which gave a restraining order against the Reddys in 2005.
Meanwhile, Haware bought land worth Rs 5 crore in Navi Mumbai for the entertainment venture they had planned with the Reddys. However, the Reddys did not acknowledge the development rights given to Hawares. They in fact filed a counter case against the Hawares in Hyderabad.
Meanwhile, Haware bought land worth Rs 5 crore in Navi Mumbai for the entertainment venture they had planned with the Reddys. However, the Reddys did not acknowledge the development rights given to Hawares. They in fact filed a counter case against the Hawares in Hyderabad.
The Hawares then moved the Bombay High Court against the Reddys that appointed former chief justice Y V Chandrachud as an arbitrator in the matter. The Reddys moved the Supreme Court challenging Chandrachud's appointment as arbitrator but their plea was quashed by the apex court.
The Navi Mumbai police then issued a non-bailable warrant against four members of the Reddy family and proceeded to Hyderabad to get them. On Monday, a first class judicial magistrate court in Hyderabad granted permission to the Navi Mumbai police to take the accused persons to Maharashtra to try them in Navi Mumbai. According to Haware, this was the third time a warrant had been issued (in the last three months the Navi Mumbai police had issued two bailable warrants against the Reddys) and the team of Navi Mumbai police had to be sent as the first two times the Hyderabad police had failed to execute the order.
Haware has also submitted the chargesheet of the Charminar Bank fraud, wherein the Reddys allegedly formed five companies and took Rs 4.95 crore loan, which has not been refunded till date. All the 15 property documents mortgaged by Reddy to the bank were found to be forged, said Haware.
Applications filed after June 1, 2007 would entitle the applicant to claim exemption of income tax from the financial year in which the application is made, but not for earlier years.
The names of fictitious companies they floated to take the loan from Charminar Bank included Rohit Associates, MM Restaurants and Resorts Pvt Ltd. Jupiter Marketing Pvt. Ltd, Coastal Marketing Pvt. Ltd and Foreshore Marketing Pvt Ltd.
The names of fictitious companies they floated to take the loan from Charminar Bank included Rohit Associates, MM Restaurants and Resorts Pvt Ltd. Jupiter Marketing Pvt. Ltd, Coastal Marketing Pvt. Ltd and Foreshore Marketing Pvt Ltd.
Dated: 07.12.2012
PRESS RELEASE
FREIND TURNED INTO KIDNAPPER, ALERT PICKET STAFF NABBED THE KIDNAPPERS AND RECOVERED ARMS, KIDNAPPED PERSON RESCUED.
With the arrest of four kidnappers viz 1. Harvinder Kumar Suri @ Binda (aged 39 yrs) s/o Guruvachan Lal r/o A-17, Vikas Puri, near City X-Ray, New Delhi. 2.) Srikant @ Bunty (aged 33 yrs) s/o Hira Lal r/o H. No. 123, Double Storey, Harijan Colony, Tilak Nagar, Delhi, 3.) Surender @ Sune (aged 39 yrs) s/o Om Parkash r/o H. No. 124, Double Storey, Harijan Colony, Tilak Nagar, Delhi, and 4) Chaman (aged 49 yrs.) s/o Kastura Ram r/o H. No. 23, Double Storey, Harijan Colony, Tilak Nagar, Delhi, South-West District Police has worked out a kidnapping cum robbery case and rescued a person namely Kuldeep Kumar Khurana @ Boby (aged 32 yrs.). One pistol and one revolver were recovered from their possession.
GIST OF THE CASE
On 06.12.2012 at about 9.30 PM police staff of PP Sec. 3 Dwarka PS Dwarka North comprising SI Sandeep Yadav, HC Ashok, Ct. Yudhbir, Ct. Shambu and Ct. Sheetal were in evening patrolling in the area of Sec. 3, Dwarka. One Wagon R car No. DL-3 CAD-2197 was on the way towards Sec. 4 Dwarka. On suspicion police staff obstruct the car. Occupants of the car tried to run away but alert staff apprehend them. During checking it was found that one person was crying and was in injured condition. He was identified as Kuldeep @ Bobby s/o Jagannath r/o WZ-33, Om Vihar, Phase-III, Uttam Nagar, New Delhi. He made a complaint to police that his friend Harvinder @ Binda took loan of four lacs rupees in October-2009 from him and deposited the documents of his flat No. 35, 1st floor, Hastsal Village, Om Vihar, New Delhi as a security. Despite repeated requests he was not returning his loan amount. On dated 06.12.12 Harvinder @ Binda called him near Metro Pillar No. 706 and asked him to bring the flats documents also. When he reached at Metro pillar No. 706 Kabari road, Om Vihar, New Delhi where Harvinder @ Binda alongwith his associates were waiting for him in their car No. DL-3CAD-2197. They pushed him inside the car and forcibly robbed the property documents and way laid him at the gun point. Upon this a case was registered under relevant section of law at PS Dwarka North and investigation was taken up.
OPERATION AND INTERROGATION
On registration of this case during the course of investigation 01 revolver was recovered from the possession of accused Harvinder @ Binda and 01 pistol was recovered from the possession of accused Srikant @ Bunty. Robbed property documents of plot No. 35 1st floor Om Vihar, New Delhi was recovered from the possession of accused Chaman. They were subsequently arrested and the abducted person namely Kuldeep @ Bobby was successfully rescued by the Police Team.
During interrogation accused Harvinder @ Binda revealed that he was in financial crisis and took loan of four lacs rupees from his friend Kuldeep @ Bobby in October-2009 against depositing documents of property No. 35, 1st floor, Om Vihar New Delhi as security. He was not in position to repay the loan and Kuldeep @ Boby pressurizing him to return his money. He alongwith his friend Srikant @ Bunty planned to get back property documents by hook or crook and even ready to kill Kuldeep @ Boby. Srikant @ Bunty rope in Surender and Chaman to excute this crime with allurement to pay twenty thousand rupees to each. Harvinder @ Binda made commitment to pay Rs. 40, 000/- to Srikant @ Bunty after completion of task. Harvinder @ Binda procure one revolver and one pistol from one Jitesh r/o Meerut, UP by paying Rs. 15000/- to him. On 06.12.12 Harvinder @ Binda called Kuldeep @ Boby as per their plan and kidnapped him on gun point and robbed the property documents.
PROFILE OF THE ACCUSED PERSONS
1. Harvinder Kumar Suri @ Binda (aged 39 yrs) s/o Guruvachan Lal r/o A-17, Vikas Puri, near City X-Ray, New Delhi is a metric pass, doing business of readymade garments at weekly bazaar.
2.) Srikant @ Bunty (aged 33 yrs) s/o Hira Lal r/o H. No. 123, Double Storey, Harijan Colony, Tilak Nagar, Delhi is studied upto 5th class and working as a casual labour.,
3.) Surender @ Sune (aged 39 yrs) s/o Om Parkash r/o H. No. 124, Double Storey, Harijan Colony, Tilak Nagar, Delhi is a illiterate and working as sweeper in MCD
4) Chaman (aged 49 yrs.) s/o Kastura Ram r/o H. No. 23, Double Storey, Harijan Colony, Tilak Nagar, Delhi is studied upto 5th class and working as a sweeper in MCD,
All the four accused are alcoholic and are in financial crisis.
RECOVERIES.
1. One revolver
2. One pistol
3. Property documents.
4. Wagon R car No. DL-3CAD-2197 used in commission of crime.
Further investigation of the case is in progress. Staff involved in good work is being suitably rewarded.
(ANIL KUMAR OJHA) IPS
ADDL.COMMISIONER OF POLICE
SOUTH WEST DISTRICT: NEW DELHI
Dated: 07.12.2012
ONE EICHER CANTER OF SMUGLLED LIQUIR SEIZED AND TWO
BOOT LEGGERS ARE ARRESTED
The North East Distt. has arrested of two criminals namely (1) Pramod s/o Jai Raj Singh R/o H.No. 560 Mohalla Munna Lal Kasba, Mawana, Distt. Meerut, UP and (2) Amiruddin S/O Babu R/O Mohalla Munna Lal Kasba Mawana, Disst. Meerut, UP in connection with alleged smuggling o[censored]nauthorized liquor.
On 07/12/12 an information of smuggling of illegal liquor was received at special staff of North East Distt. Information was developed by Ct. Jitendra No. 2749/NE and Ct. Sachin No. 528/NE in guidance of Sh. Ved Singh Malik I/C special staff/North East Particular information was received by ASI Rampal who was along with his staff on patrolling duty at SDM office round about Nand Nagri, Delhi. According to the informer one EICHER CANTER loaded with the illegal smuggled liquor was expected to pass through Wazirabad road, Delhi.
On the information, Insp. Ved Singh Malik, I/C Special staff/North East constituted one raiding team comprising SI Ratnesh Kumar Singh, ASI Rampal, Hc Naresh No. 377/NE, Hc Virendra No. 1822/NE, HC Murshlin No. 92/NE, HC Pramod No. 753/NE, Ct. Jitendra No. 2749/NE, Ct. Sachin No. 528/NE, Ct. Pradeep No. 948/NE, ct. Yogendra No. 583/NE, Ct. Krishan No. 780/NE, Ct. Kavindra No. 826/NE, and Ct. Jagroop No. 1434/NE for apprehending the accused and EICHER CANTER loaded with the illegal smuggled liquor. The team started checking near the Gagan cinema T-Point at Wazirabad Road, Nand Nagri, Delhi .On the instance of informer one EICHER CANTER No. UP 15 C 4139 Blue colors was stopped. On interrogation the name and address of Driver was revealed as Pramod s/o Jai Raj Singh R/o H.No. 560 Mohalla Munna Lal Kasba Mawana, Disst. Meerut, UP and name and address of his associate was revealed as Amiruddin S/O Babu R/O Mohalla Munna Lal Kasba Mawana, Disst. Meerut, UP, Who was seated on back side of CANTER. On checking it was found that 120 carton of liquor was loaded in the CANTER and each carton contained 48 quarters of liquor of “NV Group, Westo Whisky, Distilled & blended by NV Distilleeries Ltd. village Badholi, Tehsil Narain Garh, Distt Ambala (Haryana) written on the each quarter bottle of the liquor. Driver pramod and his associate Amirrudin were asked to produce the documents of liquor but they could not to produce any document or authorization.
Hence, Case FIR No. 451/12 u/s 33 Delhi Ex. Act. was registered at PS Nand Nagri, Delhi in this regard and further investigation is in progress.
PROFILE:
1. Pramod s/o Jai Raj Singh R/o H.No. 560 Mohalla Munna Lal Kasba Mawana, Disst. Meerut, UP. Who was born at above mention address and working as driver.
Previous Involvement : Case FIR No. 157/12 u/s 33 Excise Act PS Sonia Vihar.
2. Amiruddin S/O Babu R/O Mohalla Munna Lal Kasba Mawana, Disst. Meerut, UP
Pervious involvement : Being verified.
(V.V.CHAUDHARY) IPS
ADDL. COMMISSIONER OF POLICE
NORTH EAST DISTRICT: DELHI
PRESS RELEASE
07.12.12
Casanova cheat involved in several criminal cases arrested by Crime Branch.
Cheated a Delhi Businessman of two SUV Audi Cars worth Rs. 1.5 Crores
The Anti Extortion Cell of Crime Branch has arrested a notorious cheat Sumit Walia @ Sunny Walia age 27 years s/o Harminder Singh @ Channi Walia r/o A-1/9, Vasant Vihar, Delhi in Case FIR No. 267/12 dated 16.11.12 U/s 406 IPC P.S. Crime Branch.
A complaint was lodged by Harshvardhan Reddy R/o Vasant Vihar, New Delhi against one Sumit Walia alleging that in December 2011, the accused took his two Audi A-7 Cars bearing registration numbers UK 07 AN 0531 & UK 07 AN 0532 on the pretext of selling it at reasonable price. Sumit Walia also promised him that he would help him in importing a new Porsche SUV through any Embassy in Delhi. Sumit Walia took Rs 35 Lacs as advance from the complainant as import duty for the Porche Car. As a security, Sumit Walia gave two cheques of Rs 15 Lacs and 20 Lacs each to the complainant. Later, when the complainant enquired about his Audi Cars and status of Porche car, Sumit initially started buying time and then started avoiding him. Suspicious about the conduct of Sumit Walia, the complainant inquired from the banks and getting found that the accounts of Sumit Walia were already frozen.
After registration of the case efforts were made to examine Sumit Walia but he did not join the investigation and changed his rented address. He was ultimately arrested on 30.11.12.
INTERROGATION
The accused is a college drop out. He studied up to 12th class from a Public School in Delhi. . His family lived in New Mahabir Nagar, Tilak Nagar, Delhi. In the year 2003 he went to UK and worked in London for about two years. After coming back to India in 2005 he joined his father’s business of sale/purchase of cars. Later he shifted his base to South Delhi for better clientage. He used to import luxury cars for his clients who were ready to pay hefty amount. He himself had penchant for luxury cars, watches, accessories, branded clothes etc. He drove luxury cars and moved with bodyguards. In the year 2011 he was arrested by DRI and spent about one month in jail.
He met the complainant Harshvardhan Reddy in July 2011 when the complainant was trying to import a luxury car. But when the complainant bought Two Audi cars in Delhi, Sumit Walia painted a rosy picture before the complainant and took his two cars on the pretext of selling it and importing a new Porche car. He sold these cars to a Mumbai dealer but did not give the amount to the complainant.
The investigation of the case is in progress and efforts are being made to recover the two Audi Cars.
(S. B. S. TYAGI) IPS
DY. COMMISSIONER OF POLICE:
CRIME & RAILWAYS: DELHI.
Previous Case/involvement
List of Involvement of Sumit Walia:-
S.No. FIR No. Sections Police Station Status of Case Status of Accused
1 446/09 406/34 IPC VASANT VIHAR PENDING TRIAL ON BAIL
2 132/09 323/341/506 IPC VASANT VIHAR PENDING TRIAL ON BAIL
3 22/09 452/323/506/34 IPC VASANT VIHAR PENDING TRIAL ON BAIL
4. 128/12 406 IPC CRIME BRANCH PENDING INVESTIGATION ON BAIL
5. 294/12 66 A IT ACT, 384, 506 IPC VASANT VIHAR PENDING INVESTIGATION ABSCONDING
6. 267/12 406 IPC CRIME BRANCH PENDING INVESTIGATION ARRESTED.
PRESS RELEASE
07.12.12
ONE NIGERIAN NATIONAL INVOLVED IN DRUG TRAFFICKING, POPULAR FOR IN-HOUSE PARTIES, ARRESTED.
120 Gms OF FINE QUALITY COCAINE SEIZED.
PRICE OF COCAINE IN INTERNATIONAL MARKET APPROXIMATELY RS. 1.2 CRORE.
A team of officers of the SOS/Crime Branch led by Inspr. Kharak Singh and consisting of HC Sanjeev Kumar, Ct. Paramjeet Singh and Ct. Mahesh under the supervision of ACP Sh. Krishan Kumar and overall supervision of Addl. DCP Sh. V.K.Porwal have apprehended one Nigerian national involved in trafficking of drugs and have recovered 120 Gms of fine quality Cocaine. The Cocaine recovered is worth Rs. 1.2 Crore (Approximately) in the International Market.
An information was received on 05/12/2012 by Insp. Kharak Singh that a person namely John Bosco a Nigerian National and residing somewhere in Uttamnagar, Delhi has been indulging in the supply of Cocaine in Delhi and would be coming near gate of Shankarlal Hall, University Marg, Delhi University, Delhi between 7.30 PM to 8.00 PM to deliver the supply of Cocaine to his clients. A trap was laid near gate of Shankarlal Hall, University Marg, Delhi University, Delhi and one person namely Okoye Johnbosco Uchenna s/o Okoye Bathlemow r/o 10/12 Water Works Road, Omagba, Onitsha State, Nigeria, age 29 years was apprehended by the staff of the S.O.S. of the Crime Branch at 8.00 PM & 120 Gms of fine quality Cocaine was recovered from his possession. A case vide FIR No. 279/12 dated 06/12/2012 U/s 21 of NDPS Act has been registered at PS Crime Branch.
Okoye Johnbosco Uchenna s/o Okoye Bathlemow r/o 10/12 Water Works Road, Omagba, Onitsha State, Nigeria was subjected to intensive interrogation. During interrogation he has revealed as under:-
He is a 29 years young man. He did his degree in Estate Management in the year 2006 from Enugu State University Nigeria. Due to hardship, first time he came to India for business of readymade garments in 2009. He remained in Chennai for 2 months and then in Mumbai for 7 months. He started garments business but he could not get much in business of garments as his desire. He sent his last consignment of garments to Nigeria in the year 2011 but the payment of that consignment got blocked and he suffered loses. To fulfil his loses and to earn quick money he met with one Iphyne, a resident of Nigeria. Iphyne was a popular person among Nigerians, who were dealing in cocaine. He also started supplying cocaine. In 2011 Iphyne introduce him with one Okeke Mike. Okeke Mike lives in Mumbai and has hideouts in Delhi too. To earn more money he shifted to Delhi in January 2012 and started supplying cocaine in Delhi to his clients after procuring the same from Okeke Mike. He was very popular for In-House parties. Efforts are being made to trace the source of supply and his clients.
Further investigation of the case is in progress.
(S.B.S.TYAGI)IPS DY. COMISSIONER OF POLICE,
CRIME & RAILWAYS: DELHI.
PRESS RELEASE
FREIND TURNED INTO KIDNAPPER, ALERT PICKET STAFF NABBED THE KIDNAPPERS AND RECOVERED ARMS, KIDNAPPED PERSON RESCUED.
With the arrest of four kidnappers viz 1. Harvinder Kumar Suri @ Binda (aged 39 yrs) s/o Guruvachan Lal r/o A-17, Vikas Puri, near City X-Ray, New Delhi. 2.) Srikant @ Bunty (aged 33 yrs) s/o Hira Lal r/o H. No. 123, Double Storey, Harijan Colony, Tilak Nagar, Delhi, 3.) Surender @ Sune (aged 39 yrs) s/o Om Parkash r/o H. No. 124, Double Storey, Harijan Colony, Tilak Nagar, Delhi, and 4) Chaman (aged 49 yrs.) s/o Kastura Ram r/o H. No. 23, Double Storey, Harijan Colony, Tilak Nagar, Delhi, South-West District Police has worked out a kidnapping cum robbery case and rescued a person namely Kuldeep Kumar Khurana @ Boby (aged 32 yrs.). One pistol and one revolver were recovered from their possession.
GIST OF THE CASE
On 06.12.2012 at about 9.30 PM police staff of PP Sec. 3 Dwarka PS Dwarka North comprising SI Sandeep Yadav, HC Ashok, Ct. Yudhbir, Ct. Shambu and Ct. Sheetal were in evening patrolling in the area of Sec. 3, Dwarka. One Wagon R car No. DL-3 CAD-2197 was on the way towards Sec. 4 Dwarka. On suspicion police staff obstruct the car. Occupants of the car tried to run away but alert staff apprehend them. During checking it was found that one person was crying and was in injured condition. He was identified as Kuldeep @ Bobby s/o Jagannath r/o WZ-33, Om Vihar, Phase-III, Uttam Nagar, New Delhi. He made a complaint to police that his friend Harvinder @ Binda took loan of four lacs rupees in October-2009 from him and deposited the documents of his flat No. 35, 1st floor, Hastsal Village, Om Vihar, New Delhi as a security. Despite repeated requests he was not returning his loan amount. On dated 06.12.12 Harvinder @ Binda called him near Metro Pillar No. 706 and asked him to bring the flats documents also. When he reached at Metro pillar No. 706 Kabari road, Om Vihar, New Delhi where Harvinder @ Binda alongwith his associates were waiting for him in their car No. DL-3CAD-2197. They pushed him inside the car and forcibly robbed the property documents and way laid him at the gun point. Upon this a case was registered under relevant section of law at PS Dwarka North and investigation was taken up.
OPERATION AND INTERROGATION
On registration of this case during the course of investigation 01 revolver was recovered from the possession of accused Harvinder @ Binda and 01 pistol was recovered from the possession of accused Srikant @ Bunty. Robbed property documents of plot No. 35 1st floor Om Vihar, New Delhi was recovered from the possession of accused Chaman. They were subsequently arrested and the abducted person namely Kuldeep @ Bobby was successfully rescued by the Police Team.
During interrogation accused Harvinder @ Binda revealed that he was in financial crisis and took loan of four lacs rupees from his friend Kuldeep @ Bobby in October-2009 against depositing documents of property No. 35, 1st floor, Om Vihar New Delhi as security. He was not in position to repay the loan and Kuldeep @ Boby pressurizing him to return his money. He alongwith his friend Srikant @ Bunty planned to get back property documents by hook or crook and even ready to kill Kuldeep @ Boby. Srikant @ Bunty rope in Surender and Chaman to excute this crime with allurement to pay twenty thousand rupees to each. Harvinder @ Binda made commitment to pay Rs. 40, 000/- to Srikant @ Bunty after completion of task. Harvinder @ Binda procure one revolver and one pistol from one Jitesh r/o Meerut, UP by paying Rs. 15000/- to him. On 06.12.12 Harvinder @ Binda called Kuldeep @ Boby as per their plan and kidnapped him on gun point and robbed the property documents.
PROFILE OF THE ACCUSED PERSONS
1. Harvinder Kumar Suri @ Binda (aged 39 yrs) s/o Guruvachan Lal r/o A-17, Vikas Puri, near City X-Ray, New Delhi is a metric pass, doing business of readymade garments at weekly bazaar.
2.) Srikant @ Bunty (aged 33 yrs) s/o Hira Lal r/o H. No. 123, Double Storey, Harijan Colony, Tilak Nagar, Delhi is studied upto 5th class and working as a casual labour.,
3.) Surender @ Sune (aged 39 yrs) s/o Om Parkash r/o H. No. 124, Double Storey, Harijan Colony, Tilak Nagar, Delhi is a illiterate and working as sweeper in MCD
4) Chaman (aged 49 yrs.) s/o Kastura Ram r/o H. No. 23, Double Storey, Harijan Colony, Tilak Nagar, Delhi is studied upto 5th class and working as a sweeper in MCD,
All the four accused are alcoholic and are in financial crisis.
RECOVERIES.
1. One revolver
2. One pistol
3. Property documents.
4. Wagon R car No. DL-3CAD-2197 used in commission of crime.
Further investigation of the case is in progress. Staff involved in good work is being suitably rewarded.
(ANIL KUMAR OJHA) IPS
ADDL.COMMISIONER OF POLICE
SOUTH WEST DISTRICT: NEW DELHI
Dated: 07.12.2012
ONE EICHER CANTER OF SMUGLLED LIQUIR SEIZED AND TWO
BOOT LEGGERS ARE ARRESTED
The North East Distt. has arrested of two criminals namely (1) Pramod s/o Jai Raj Singh R/o H.No. 560 Mohalla Munna Lal Kasba, Mawana, Distt. Meerut, UP and (2) Amiruddin S/O Babu R/O Mohalla Munna Lal Kasba Mawana, Disst. Meerut, UP in connection with alleged smuggling o[censored]nauthorized liquor.
On 07/12/12 an information of smuggling of illegal liquor was received at special staff of North East Distt. Information was developed by Ct. Jitendra No. 2749/NE and Ct. Sachin No. 528/NE in guidance of Sh. Ved Singh Malik I/C special staff/North East Particular information was received by ASI Rampal who was along with his staff on patrolling duty at SDM office round about Nand Nagri, Delhi. According to the informer one EICHER CANTER loaded with the illegal smuggled liquor was expected to pass through Wazirabad road, Delhi.
On the information, Insp. Ved Singh Malik, I/C Special staff/North East constituted one raiding team comprising SI Ratnesh Kumar Singh, ASI Rampal, Hc Naresh No. 377/NE, Hc Virendra No. 1822/NE, HC Murshlin No. 92/NE, HC Pramod No. 753/NE, Ct. Jitendra No. 2749/NE, Ct. Sachin No. 528/NE, Ct. Pradeep No. 948/NE, ct. Yogendra No. 583/NE, Ct. Krishan No. 780/NE, Ct. Kavindra No. 826/NE, and Ct. Jagroop No. 1434/NE for apprehending the accused and EICHER CANTER loaded with the illegal smuggled liquor. The team started checking near the Gagan cinema T-Point at Wazirabad Road, Nand Nagri, Delhi .On the instance of informer one EICHER CANTER No. UP 15 C 4139 Blue colors was stopped. On interrogation the name and address of Driver was revealed as Pramod s/o Jai Raj Singh R/o H.No. 560 Mohalla Munna Lal Kasba Mawana, Disst. Meerut, UP and name and address of his associate was revealed as Amiruddin S/O Babu R/O Mohalla Munna Lal Kasba Mawana, Disst. Meerut, UP, Who was seated on back side of CANTER. On checking it was found that 120 carton of liquor was loaded in the CANTER and each carton contained 48 quarters of liquor of “NV Group, Westo Whisky, Distilled & blended by NV Distilleeries Ltd. village Badholi, Tehsil Narain Garh, Distt Ambala (Haryana) written on the each quarter bottle of the liquor. Driver pramod and his associate Amirrudin were asked to produce the documents of liquor but they could not to produce any document or authorization.
Hence, Case FIR No. 451/12 u/s 33 Delhi Ex. Act. was registered at PS Nand Nagri, Delhi in this regard and further investigation is in progress.
PROFILE:
1. Pramod s/o Jai Raj Singh R/o H.No. 560 Mohalla Munna Lal Kasba Mawana, Disst. Meerut, UP. Who was born at above mention address and working as driver.
Previous Involvement : Case FIR No. 157/12 u/s 33 Excise Act PS Sonia Vihar.
2. Amiruddin S/O Babu R/O Mohalla Munna Lal Kasba Mawana, Disst. Meerut, UP
Pervious involvement : Being verified.
(V.V.CHAUDHARY) IPS
ADDL. COMMISSIONER OF POLICE
NORTH EAST DISTRICT: DELHI
PRESS RELEASE
07.12.12
Casanova cheat involved in several criminal cases arrested by Crime Branch.
Cheated a Delhi Businessman of two SUV Audi Cars worth Rs. 1.5 Crores
The Anti Extortion Cell of Crime Branch has arrested a notorious cheat Sumit Walia @ Sunny Walia age 27 years s/o Harminder Singh @ Channi Walia r/o A-1/9, Vasant Vihar, Delhi in Case FIR No. 267/12 dated 16.11.12 U/s 406 IPC P.S. Crime Branch.
A complaint was lodged by Harshvardhan Reddy R/o Vasant Vihar, New Delhi against one Sumit Walia alleging that in December 2011, the accused took his two Audi A-7 Cars bearing registration numbers UK 07 AN 0531 & UK 07 AN 0532 on the pretext of selling it at reasonable price. Sumit Walia also promised him that he would help him in importing a new Porsche SUV through any Embassy in Delhi. Sumit Walia took Rs 35 Lacs as advance from the complainant as import duty for the Porche Car. As a security, Sumit Walia gave two cheques of Rs 15 Lacs and 20 Lacs each to the complainant. Later, when the complainant enquired about his Audi Cars and status of Porche car, Sumit initially started buying time and then started avoiding him. Suspicious about the conduct of Sumit Walia, the complainant inquired from the banks and getting found that the accounts of Sumit Walia were already frozen.
After registration of the case efforts were made to examine Sumit Walia but he did not join the investigation and changed his rented address. He was ultimately arrested on 30.11.12.
INTERROGATION
The accused is a college drop out. He studied up to 12th class from a Public School in Delhi. . His family lived in New Mahabir Nagar, Tilak Nagar, Delhi. In the year 2003 he went to UK and worked in London for about two years. After coming back to India in 2005 he joined his father’s business of sale/purchase of cars. Later he shifted his base to South Delhi for better clientage. He used to import luxury cars for his clients who were ready to pay hefty amount. He himself had penchant for luxury cars, watches, accessories, branded clothes etc. He drove luxury cars and moved with bodyguards. In the year 2011 he was arrested by DRI and spent about one month in jail.
He met the complainant Harshvardhan Reddy in July 2011 when the complainant was trying to import a luxury car. But when the complainant bought Two Audi cars in Delhi, Sumit Walia painted a rosy picture before the complainant and took his two cars on the pretext of selling it and importing a new Porche car. He sold these cars to a Mumbai dealer but did not give the amount to the complainant.
The investigation of the case is in progress and efforts are being made to recover the two Audi Cars.
(S. B. S. TYAGI) IPS
DY. COMMISSIONER OF POLICE:
CRIME & RAILWAYS: DELHI.
Previous Case/involvement
List of Involvement of Sumit Walia:-
S.No. FIR No. Sections Police Station Status of Case Status of Accused
1 446/09 406/34 IPC VASANT VIHAR PENDING TRIAL ON BAIL
2 132/09 323/341/506 IPC VASANT VIHAR PENDING TRIAL ON BAIL
3 22/09 452/323/506/34 IPC VASANT VIHAR PENDING TRIAL ON BAIL
4. 128/12 406 IPC CRIME BRANCH PENDING INVESTIGATION ON BAIL
5. 294/12 66 A IT ACT, 384, 506 IPC VASANT VIHAR PENDING INVESTIGATION ABSCONDING
6. 267/12 406 IPC CRIME BRANCH PENDING INVESTIGATION ARRESTED.
PRESS RELEASE
07.12.12
ONE NIGERIAN NATIONAL INVOLVED IN DRUG TRAFFICKING, POPULAR FOR IN-HOUSE PARTIES, ARRESTED.
120 Gms OF FINE QUALITY COCAINE SEIZED.
PRICE OF COCAINE IN INTERNATIONAL MARKET APPROXIMATELY RS. 1.2 CRORE.
A team of officers of the SOS/Crime Branch led by Inspr. Kharak Singh and consisting of HC Sanjeev Kumar, Ct. Paramjeet Singh and Ct. Mahesh under the supervision of ACP Sh. Krishan Kumar and overall supervision of Addl. DCP Sh. V.K.Porwal have apprehended one Nigerian national involved in trafficking of drugs and have recovered 120 Gms of fine quality Cocaine. The Cocaine recovered is worth Rs. 1.2 Crore (Approximately) in the International Market.
An information was received on 05/12/2012 by Insp. Kharak Singh that a person namely John Bosco a Nigerian National and residing somewhere in Uttamnagar, Delhi has been indulging in the supply of Cocaine in Delhi and would be coming near gate of Shankarlal Hall, University Marg, Delhi University, Delhi between 7.30 PM to 8.00 PM to deliver the supply of Cocaine to his clients. A trap was laid near gate of Shankarlal Hall, University Marg, Delhi University, Delhi and one person namely Okoye Johnbosco Uchenna s/o Okoye Bathlemow r/o 10/12 Water Works Road, Omagba, Onitsha State, Nigeria, age 29 years was apprehended by the staff of the S.O.S. of the Crime Branch at 8.00 PM & 120 Gms of fine quality Cocaine was recovered from his possession. A case vide FIR No. 279/12 dated 06/12/2012 U/s 21 of NDPS Act has been registered at PS Crime Branch.
Okoye Johnbosco Uchenna s/o Okoye Bathlemow r/o 10/12 Water Works Road, Omagba, Onitsha State, Nigeria was subjected to intensive interrogation. During interrogation he has revealed as under:-
He is a 29 years young man. He did his degree in Estate Management in the year 2006 from Enugu State University Nigeria. Due to hardship, first time he came to India for business of readymade garments in 2009. He remained in Chennai for 2 months and then in Mumbai for 7 months. He started garments business but he could not get much in business of garments as his desire. He sent his last consignment of garments to Nigeria in the year 2011 but the payment of that consignment got blocked and he suffered loses. To fulfil his loses and to earn quick money he met with one Iphyne, a resident of Nigeria. Iphyne was a popular person among Nigerians, who were dealing in cocaine. He also started supplying cocaine. In 2011 Iphyne introduce him with one Okeke Mike. Okeke Mike lives in Mumbai and has hideouts in Delhi too. To earn more money he shifted to Delhi in January 2012 and started supplying cocaine in Delhi to his clients after procuring the same from Okeke Mike. He was very popular for In-House parties. Efforts are being made to trace the source of supply and his clients.
Further investigation of the case is in progress.
(S.B.S.TYAGI)IPS DY. COMISSIONER OF POLICE,
CRIME & RAILWAYS: DELHI.
Madras High Court
S.Harshavardhan Reddy vs State Rep. By on 26 September, 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.09.2016
CORAM :
THE HONOURABLE MR. JUSTICE M.VENUGOPAL
Crl.O.P.No.6029 of 2012
and
M.P.No.1 of 2012
1.S.Harshavardhan Reddy
2.M.R.Sarangapani
3.S.Shaalini
4.Nitya Reddy .. Petitioners
Vs.
1.State rep. by
The Additional Superintendent of Police,
CBI, BS & FC, Bangalore.
2.K.B.Jayaprakash,
General Manager & Chief Vigilance Officer,
Canara Bank, Vigilance Section,
Head Office Annexe,
Bangalore. .. Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.15007 of 2008 on the file of the learned Additional Chief Metropolitan Magistrate, Egmore, Chennai and to quash the same.
For Petitioners :Mr.Premkumar
for Mr.R.Srinivas
For Respondent-1 :Mr.K.Srinivasan
Spl. Public Prosecutor for CBI Cases
For Respondent-2 :Mr.A.Sasidharan
O R D E R
The petitioner has preferred the instant Crl.O.P.No.6029 of 2012 in calling for the records in C.C.No.15007 of 2008 from the file of the Court of Additional Chief Metropolitan Magistrate, Egmore, Chennai and to quash the same.
2.Heard the Learned counsel for the Petitioners/Accused 1, 2, 3 & 5 and the Learned Special Public Prosecutor for CBI Cases appearing on behalf of the First Respondent as well as the Learned counsel for the Second Respondent.
3.According to the Petitioners, the First Respondent/State led by the Additional Superintendent of Police, CBI, BS & FC, Bangalore had lodged a complaint in C.C.No.15007 of 2008 against them before the Learned Additional Chief Metropolitan Magistrate, Egmore, Chennai in respect of the alleged offences under Section 120 B r/w.420, 468, 471 and 474 of IPC on the allegation that they with a criminal conspiracy to cheat the Defacto Complainant by using forged documents as genuine, had induced the Second Respondent/General Manager & Chief Vigilance Officer, Canara Bank, Vigilance Section, Head Office Annexe, Bangalore to part with funds and cheated to the extent of Rs.13 Crores, of which, Rs.10.77 Crores was outstanding as on 22.02.2007.
4.It is represented on behalf of the Petitioners that the former General Manager of the Second Respondent/Canara Bank, Teynampet Branch, Chennai was also included as one of the accused and he died later. As such, he was not charge sheeted by the prosecution.
5.Further, a recovery proceedings under SARFAESI Act, 2002 in O.A.No.1547 of 2007 before the Debts Recovery Tribunal-I at Chennai was initiated and a sum of Rs.10, 50, 00, 000/- was recovered by selling the Petitioners' property. That apart, a sum of Rs.2, 50, 00, 000/- was also deposited by the Petitioners in S.A.No.732 of 2007 before the Debts Recovery Appellate Tribunal, Chennai. It is to be noted that the Second Respondent had attached the aforesaid amount.
6.The core contention raised on behalf of the Petitioners in the grounds of Crl.O.P.No.6029 of 2012 is that the allegation of cheating in respect of an offence under Section 420 IPC cannot be sustained because of the facts that the Defacto Complainant i.e., the Second Respondent had recovered the entire amount payable by the Petitioners.
7.The other plea taken on behalf of the Petitioners (as seen from the grounds) is that they cannot be charged in respect of an offence under Section 420 of IPC, inasmuch as they had not at all fraudulently or dishonestly induced the Second Respondent to advance the loan amount. Moreover, the Petitioners had not done any harm to the Second Respondent's loan amount advanced to them which was duly recovered by the Second Respondent by selling their property under SARFAESI Act, 2002.
8.It transpires that the Petitioners have also taken a stand that the purported offences under Sections 468, 471, 474 of IPC, are liable to be quashed by this Court because of the reason that the Defacto Complainant viz., the Second Respondent had not sustained any financial loss due to alleged forgery committed by the Petitioners. Also that, they had not at all cheated the Second Respondent by producing alleged forged documents in view of the fact that the entire loan amount was released by selling the properties mortgaged by the Petitioners.
9.On behalf of the Petitioners, a view is taken that the properties secured by the Bank for advancing the loan amount were sold under the SARFAESI Act and a considerable sum was realised by the Defacto Complainant through the sale proceeds of the mortgaged property.
10.At this stage, a cursory glance of the ground (g) taken by the Petitioners in the present Criminal Original Petition points out that 'all the offences alleged against the Petitioners are compoundable and since the Defacto Complainant has almost recovered the entire dues from the Petitioners as on date, the complaint is liable to be quashed.
11.Conversely, it is the submission of the Learned Special Public Prosecutor for the First Respondent that the case in RC.2/E/2007 against M/s.Merit Resorts Pvt. Ltd. and its Directors and other accused persons were registered by the First Respondent under Section 120-B r/w.420, 468, 471 IPC and Sec. 13(2) r/w.13(1)(d) of Prevention of Corruption Act, 1988 based on the complaint lodged by the General Manager and Chief Vigilance Officer, Canara Bank, Head Office, Bangalore and the First Information Report was submitted before the Learned Special Judge for CBI Cases at Chennai.
12.The Learned Special Public Prosecutor for the First Respondent brings it to the notice of this Court that a charge sheet was filed on 14.11.2008 before the Learned Additional Chief Metropolitan Magistrate, Egmore, Chennai against S.Harshavardhan Reddy (A1), M.R.Sarangapani (A2), S.Shaalini (A3), Ritesh Ranka (A4), Nitya Reddy (A5), M/s.Merit Resorts Pvt. Ltd., (A6) represented by its Directors S.Harshavardhan Reddy and M.R.Sarangapani and M/s.Trisha Exports, Chennai (A7) represented by S.Harshavardhan Reddy for the offences punishable under Section 120-B r/w.420, 468, 471, 474 IPC and for substantive offences thereof.
13.It appears that accused on being served with summons, had appeared before the trial Court concerned.
14.At this juncture, the Learned Special Public Prosecutor for the First Respondent draws the attention of this Court to the fact that charges were framed on 16.07.2009 against all the Petitioners/Accused and out of 60 witnesses, 47 witnesses were examined. At that point of time only, the Petitioners/A1, A2, A3 and A5 have projected the present Crl.O.P.No.6029 of 2012 before this Court, without any bona-fide reasons.
15.The Learned Special Public Prosecutor for the First Respondent projects an argument that during[protected] S.Harshavardhan Reddy (A1), M.R.Sarangapani (A2), S.Shaalini (A3), Ritesh Ranka (A4), Nitya Reddy (A5) were parties to the criminal conspiracy among themselves to cheat Canara Bank by availing a loan by dishonestly and fraudulently submitting, forged property documents of the prime security and the collateral security, forged bank statements, balance sheets, IT Returns, etc., knowing them to be forged. Further, S.Harshavardhan Reddy (A1) together with Ritesh Ranka (A4) submitted a proposal to the Canara Bank, Teynampet Branch for a loan of Rs.20 Crores under the CANRENT Scheme for M/s.Merit Resorts Pvt. Ltd., allegedly for making additional constructions for the Educational Institution run by Merit International Education Foundations, in which, S.Harshavardhan Reddy (A1), M.R.Sarangapani (A2) and S.Shaalini (A3) were the Trustees. In fact, the forged 'Lease Agreements' were created as if they were rent receipts to the Trust.
16.Expatiating his submission, the Learned Special Public Prosecutor for the First Respondent strenuously contends that the prime security for the CANRENT loan was the rent receivable from M/s.Merit International Education Foundation and the property at Ooty including the buildings thereon and the collateral security offered was the land and building at No.547, Anna Salai Chennai which was shown as standing in the name of S.Harshavardhan (A1). It is represented that together with the proposal it appears that the forged lease agreement between the Trust and Company, forged IT Returns, forged Balance Sheets and forged Statement of Accounts in the name of the Company and the Trust were furnished to the Bank along with an inflated valuation reports in respect of the properties at Ooty and Chennai which were offered as security. Indeed, Canara Bank on the basis of the above said applications, sanctioned the loan to the tune of Rs.16 Crores, of which, Rs.13 Crores was withdrawn by them showing it as for purchase of equipment from Trisha Exports and diverted the funds by transferring the same to the various accounts opened by them and thereafter withdrawing it and thus, caused a wrongful loss to the Canara Bank to the tune of Rs.10.77 Crores and caused corresponding wrongful gain to themselves.
17.The Learned Special Public Prosecutor for the First Respondent proceeds to make a significant mention that the investigation in the case had lead to the establishment of a pivotal fact that S.Harshavardhan Reddy (A1), M.R.Sarangapani (A2) and S.Shaalini (A3) were the Directors of M/s.Merit Resorts Pvt. Ltd., (the same being incorporated on 15.11.1996) and they are also the trustees of M/s.Merit International Education Foundation, registered as Public Charitable Trust at Chennai on 28.05.1997. Apart from that, the said resorts had purchased land measuring 10.34 acres at Ooty and had constructed buildings and started running the Merit International Institute of Technology. In reality, the Company had entered into an agreement with the Trust for leasing out the building for running the Educational Institution for which they had shown receipt of advance which was to be adjusted against the rentals to be received.
18.Further, in the course of investigation, it came to light that the aforesaid lease agreement was forged one created by the accused in furtherance of the criminal conspiracy that they were aware that there was an agreement for lease of hostel accommodation entered into between the Company and the Trust dated 27.04.1998, in which, M.R.Sarangapani had signed as Managing Director of the Company and S.Shaalini had signed as Managing Trustee as per Merit Resorts Pvt. Ltd., had offered 150000 sq. ft approximately of plinth area of Merit International Education Foundation for hostel accommodation of students on completion of the project and the lease rentals will be fixed by Merit Resorts Pvt. Ltd., in consultation with Merit International Education Foundation at reasonable market rates. That apart, the Merit International Educational Foundation had agreed to pay lease rental advance of approximately Rs.750 lakhs which was to be adjusted against the rentals. As a matter of fact, the lease rental advance was reflected in the Balance sheet of the Company and as such, no rentals were paid by the Trust to the Company.
19.The Learned Special Public Prosecutor for the First Respondent also invites the attention of this Court to yet another plea that (they came to be established during the course of investigation) IT Returns of the Company and the Trust were forged for the Assessment Years 2002-03 and 2003-04 and only copies of forged returns were submitted to the Bank along with the proposal. Further, Original Returns filed before the IT Department were showing loss whereas the copies submitted to the Bank were showing huge profits and payment of huge Income Tax. The accused also furnished photocopies of forged portfolio statement of account number 734187 in respect of Merit Resorts Pvt. Ltd., with ABN Amro Bank for the period 01.04.2004 to 30.09.2004 and in account number 734191 in respect of Merit International Education with ABN Amro Bank for the period 01.04.2004 to 30.09.2004 respectively along with the proposal to show that the Company is receiving rental income from the Trust.
20.The Learned Special Public Prosecutor for the First Respondent in effect submits that the aforesaid accounts do not contain any of the transactions. In short, the Company has submitted bogus and forged provisional balance sheet as on 30.09.2004 showing bogus figures of Income from Merit International Education Foundation towards rental and maintenance charges. Also that, the Original Balance Sheet of the Company was signed by M.R.Sarangapani and S.Shaalini, but the copies furnished to the Bank were signed by Harshavardhan Reddy as Managing Director and S.Shaalini as Director.
21.The Learned Special Public Prosecutor for the First Respondent takes an emphatic plea before this Court that Ritesh Ranka and Nitya Reddy were not made as Directors of the Company and Form 32 was not filed before the Registrar of Companies. But a forged copy of the Form 32 was submitted to the Bank. For fulfilling the condition of executing the personal guarantee of all the Directors of the Company, on 30.12.2004, Harshavardhan Reddy collected two personal guarantee forms to be signed by M.R.Sarangapani and S.Shaalini who were informed to be at abroad and by forging the signature of these two Directors and also getting forged signatures and stamp impressions of the officer of the Embassy, to make it appear that these guarantee forms were genuinely executed by the two Directors who were abroad, submitted the same to the Bank. The said Harshavardhan Reddy, thereafter submitted the forged property document relating to the prime security for the loan, namely, the sale deeds 340/99, 647/99 and 906/01 knowing fully well that they were forged documents and the Originals of the said documents were held by his parents. Also that, Harshavardhan Reddy submitted Encumbrance Certificate for the said properties obtained from Ooty with the help of S.Shaalini and her staff and also submitted forged document relating to the property at No.547 Anna Salai along with forged Encumbrance Certificate to the Bank. In respect of the property belonging to one Salahudeen and Noore Fathima, they obtained forged document showing the ownership of Salahudeen and Noore Fathima and a forged document showing the sale of the property by them to Harshavardhan Reddy which was shown as registered at Sub Registrar Office, T.Nagar, which admittedly had no jurisdiction to register the same.
22.The Learned Special Public Prosecutor for the First Respondent contends that Bank had disposed the mortgaged property of both land and building at No.22 Havelock road, Ooty and No.547 Anna Salai, Chennai under SARFAESI Act and appropriated the proceeds of the sale by 'Auction' and recovered their dues owed by the Petitioners/Accused. However, this property is not connected with this criminal case.
23.Furthermore, it is represented on behalf of the First Respondent that a charge sheet was filed against the Petitioners in respect of the offences under Section 120-B r/w.420, 468, 471 and 474 IPC and substantive offences thereof. In fact, the Civil and Criminal liability are distinct and separate in the eye of Law. Also that the offence under Section 420 IPC is a compoundable one, that too, with the permission of the Court. Apart from the ingredients of Section 420 IPC, there are other Sections of IPC under which the Petitioners/Accused were charged, which are non compoundable in character.
24.The Learned Special Public Prosecutor for the First Respondent submits that the repayment of dues to the Bank by the Petitioners/Accused by no stretch of imagination can absolve their criminal liability in the eye of Law. Also, it is projected on behalf of the First Respondent that in any event, the Criminal Original Petition filed by the Petitioners to quash C.C.No.15007 of 2008 on the file of the trial Court is per se not maintainable in the eye of law or on facts.
25.As far as the present case is concerned, there is no two opinion of crystalline fact that charges were framed on 16.07.2009 and already 47 witnesses were examined out of 60 witnesses (on the date of filing of counter on 04.09.2014) and axiomatic principle in Law is that when once the trial had commenced in a criminal case, then, a Petition/Application under Section 482 Cr.P.C., for quashing the trial Court proceedings would not lie, as laid down in the decision in Zoom Vision, rep. by Y.Hariharan, Managing Partner & Others V. P.Manickam and Co., rep. by its Partner M.Nagarajan [2001 (4) Crimes 96].
26.At this stage, this Court worth recalls and recollects the decision of the Hon'ble Supreme Court in Gian Singh V. State of Punjab and Another [2011 (2) MLJ (Crl.) 201 (SC)], whereby and whereunder, it is observed that 'Non Compoundable offences cannot be permitted to be compounded by the Court directly or indirectly'.
27.One cannot brush aside a primordial fact that where the Accused/Individual had 'Guilty Mind' (Mens Rea) or not, can only be ascertained based on proper available materials on record during the trial of a given case. Viewed in that perspective, an inherent powers of a Court of Law cannot be pressed into service when a case in C.C.No.15007/2008 was already in the final stage.
28.Also, this Court aptly points out the decision of the Hon'ble Supreme Court in Central Bureau of Investigation V. Maninder Singh reported in 2016 (1) Supreme Court Cases at page 389 and at Special page 394, wherein, at paragraphs 17 & 18, it is observed as follows:
17.The inherent power of the High Court under Section 482 Cr.P.C should be sparingly used. Only when the Court comes to the conclusion that there would be manifest injustice or there would be abuse of the process of the Court if such power is not exercised, the Court would quash the proceedings. In economic offences the Court must not only keep in view that money has been paid to the bank which has been defrauded but also the society at large. It is not a case of simple assault or a theft of a trivial amount; but the offence with which we are concerned was well planned and was committed with a deliberate design with an eye on personal profit regardless of consequence to the society at large. To quash the proceeding merely on the ground that the accused has settled the amount with the bank would be a misplaced sympathy. If the prosecution against the economic offenders are not allowed to continue, the entire community is aggrieved.
18.In the recent decision in Vikram Anantrai Doshi [State of Maharashtra V. Vikram Anantrai Doshi[protected] SCC 29)], this Court distinguished Nikhil Merchant case [Nikhil Merchant V. CBI (2008 (9) SCC 677: 2008 (3) SCC (Cri) 858)] and Narendra Lal Jain case [CBI V. Narendra Lal Jain (2014 (5) SCC 364 : 2014 (2) SCC (Cri) 579)] where the compromise was a part of the decree of the court and by which the parties withdrew all allegations against each other. After referring to various case laws under subject in Vikram Anantrai Doshi case, this Court observed that cheating bank exposits fiscal impurity and such financial fraud is an offence against the society at large, in para 26, this Court held as under : (Vikram Anantrai Doshi case, SCC P.42) 26. ... Be it stated, that availing of money from a nationalised bank in the manner, as alleged by the investigating agency, vividly exposits fiscal impurity and, in a way, financial fraud. The modus operandi as narrated in the charge-sheet cannot be put in the compartment of an individual or personal wrong. It is a social wrong and it has immense societal impact. It is an accepted principle of handling of finance that whenever there is manipulation and cleverly conceived contrivance to avail of these kind of benefits it cannot be regarded as a case having overwhelmingly and predominantly of civil character. The ultimate victim is the collective. It creates a hazard in the financial interest of the society. The gravity of the offence creates a dent in the economic spine of the nation. The cleverness which has been skilfully contrived, if the allegations are true, has a serious consequence. A crime of this nature, in our view, would definitely fall in the category of offences which travel far ahead of personal or private wrong. It has the potentiality to usher in economic crisis. Its implications have its own seriousness, for it creates a concavity in the solemnity that is expected in financial transactions. It is not such a case where one can pay the amount and obtain a 'no-dues certificate' and enjoy the benefit of quashing of the criminal proceedings on the hypostasis that nothing more remains to be done. The collective interest of which the Court is the guardian cannot be a silent or a mute spectator to allow the proceedings to be withdrawn, or for that matter yield to the ingenuous dexterity of the accused persons to invoke the jurisdiction under Article 226 of the Constitution or under Section 482 of the Code and quash the proceeding. It is not legally permissible. The Court is expected to be on guard to these kinds of adroit moves. The High Court, we humble remind, should have dealt with the matter keeping in mind that in these kinds of litigations the accused when perceives a tiny gleam of success, readily invokes the inherent jurisdiction for quashing of the criminal proceeding. The Court's principal duty, at that juncture, should be to scan the entire facts to find out the thrust of allegations and the crux of the settlement. It is the experience of the Judge that comes to his aid and the said experience should be used with care, caution, circumspection and courageous prudence. As we find in the case at hand, the learned Single Judge has not taken pains to scrutinise the entire conspectus of facts in proper perspective and quashed the criminal proceeding. The said quashment neither helps to secure the ends of justice nor does it prevent the abuse of the process of the Court nor can it be also said that as there is a settlement no evidence will come on record and there will be remote chance of conviction. Such a finding in our view would be difficult to record. Be that as it may, the fact remains that the social interest would be on peril and the prosecuting agency, in these circumstances, cannot be treated as an alien to the whole case. Ergo, we have no other option but to hold that the order of the High Court [Vikram Anantrai Doshi V. State of Maharashtra (Criminal Application No.2239 of 2009, order dated 22.04.2010 (Bom)] is wholly indefensible.
29.In view of the fact that C.C.No.15007 of 2008 on the file of the trial Court (as on date of filing of the counter dated 04.09.2014) in the main case, out of 60 witnesses, 47 witnesses were examined and in order to ascertain whether the case would end in conviction or acquittal, it is not necessary for the Court to find out the same.
30.It is brought to the notice of this Court that the present stage of the case is for examination of the witnesses on the side of the First Respondent/Prosecution and only Investigating Officer is to be examined and the next date of hearing of the case is 28.09.2016.
31.In view of the foregoing reasons and also, this Court taking note of the fact that in C.C.No.15007 of 2008 on the file of the trial Court, the case is in final stage and it is just and prudent for the Petitioners to take part in the course of trial of the main case and to take the result of the verdict one way or other (based on the merits of the case), even though dues were paid to the Bank by the Petitioners. Looking at from any angle, the the Criminal Original Petition sans merits.
32.In the result, the Criminal Original Petition is dismissed. Before parting with the case, this Court abundantly makes it clear that it is open to the Petitioners to raise all factual and legal pleas before the trial Court in C.C.No.15007 of 2008 including the aspect of payment of amounts due to the Bank and to seek appropriate remedy if they so desire/advised, of course, in accordance with Law and in the manner known to Law. Consequently, connected Miscellaneous Petition is closed.
26.09.2016 DP Internet:Yes Index:Yes To
1.The Additional Chief Metropolitan Magistrate, Egmore, Chennai
2.The Additional Superintendent of Police, CBI, BS & FC, Bangalore
3.K.B.Jayaprakash, General Manager & Chief Vigilance Officer, Canara Bank, Vigilance Section, Head Office Annexe, Bangalore.
4.The Public Prosecutor High Court, Chennai.
M.VENUGOPAL.J, DP Crl.O.P.No.6029 of 2012 and M.P.No.1 of 2012 26.09.2016
S.Harshavardhan Reddy vs State Rep. By on 26 September, 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.09.2016
CORAM :
THE HONOURABLE MR. JUSTICE M.VENUGOPAL
Crl.O.P.No.6029 of 2012
and
M.P.No.1 of 2012
1.S.Harshavardhan Reddy
2.M.R.Sarangapani
3.S.Shaalini
4.Nitya Reddy .. Petitioners
Vs.
1.State rep. by
The Additional Superintendent of Police,
CBI, BS & FC, Bangalore.
2.K.B.Jayaprakash,
General Manager & Chief Vigilance Officer,
Canara Bank, Vigilance Section,
Head Office Annexe,
Bangalore. .. Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.15007 of 2008 on the file of the learned Additional Chief Metropolitan Magistrate, Egmore, Chennai and to quash the same.
For Petitioners :Mr.Premkumar
for Mr.R.Srinivas
For Respondent-1 :Mr.K.Srinivasan
Spl. Public Prosecutor for CBI Cases
For Respondent-2 :Mr.A.Sasidharan
O R D E R
The petitioner has preferred the instant Crl.O.P.No.6029 of 2012 in calling for the records in C.C.No.15007 of 2008 from the file of the Court of Additional Chief Metropolitan Magistrate, Egmore, Chennai and to quash the same.
2.Heard the Learned counsel for the Petitioners/Accused 1, 2, 3 & 5 and the Learned Special Public Prosecutor for CBI Cases appearing on behalf of the First Respondent as well as the Learned counsel for the Second Respondent.
3.According to the Petitioners, the First Respondent/State led by the Additional Superintendent of Police, CBI, BS & FC, Bangalore had lodged a complaint in C.C.No.15007 of 2008 against them before the Learned Additional Chief Metropolitan Magistrate, Egmore, Chennai in respect of the alleged offences under Section 120 B r/w.420, 468, 471 and 474 of IPC on the allegation that they with a criminal conspiracy to cheat the Defacto Complainant by using forged documents as genuine, had induced the Second Respondent/General Manager & Chief Vigilance Officer, Canara Bank, Vigilance Section, Head Office Annexe, Bangalore to part with funds and cheated to the extent of Rs.13 Crores, of which, Rs.10.77 Crores was outstanding as on 22.02.2007.
4.It is represented on behalf of the Petitioners that the former General Manager of the Second Respondent/Canara Bank, Teynampet Branch, Chennai was also included as one of the accused and he died later. As such, he was not charge sheeted by the prosecution.
5.Further, a recovery proceedings under SARFAESI Act, 2002 in O.A.No.1547 of 2007 before the Debts Recovery Tribunal-I at Chennai was initiated and a sum of Rs.10, 50, 00, 000/- was recovered by selling the Petitioners' property. That apart, a sum of Rs.2, 50, 00, 000/- was also deposited by the Petitioners in S.A.No.732 of 2007 before the Debts Recovery Appellate Tribunal, Chennai. It is to be noted that the Second Respondent had attached the aforesaid amount.
6.The core contention raised on behalf of the Petitioners in the grounds of Crl.O.P.No.6029 of 2012 is that the allegation of cheating in respect of an offence under Section 420 IPC cannot be sustained because of the facts that the Defacto Complainant i.e., the Second Respondent had recovered the entire amount payable by the Petitioners.
7.The other plea taken on behalf of the Petitioners (as seen from the grounds) is that they cannot be charged in respect of an offence under Section 420 of IPC, inasmuch as they had not at all fraudulently or dishonestly induced the Second Respondent to advance the loan amount. Moreover, the Petitioners had not done any harm to the Second Respondent's loan amount advanced to them which was duly recovered by the Second Respondent by selling their property under SARFAESI Act, 2002.
8.It transpires that the Petitioners have also taken a stand that the purported offences under Sections 468, 471, 474 of IPC, are liable to be quashed by this Court because of the reason that the Defacto Complainant viz., the Second Respondent had not sustained any financial loss due to alleged forgery committed by the Petitioners. Also that, they had not at all cheated the Second Respondent by producing alleged forged documents in view of the fact that the entire loan amount was released by selling the properties mortgaged by the Petitioners.
9.On behalf of the Petitioners, a view is taken that the properties secured by the Bank for advancing the loan amount were sold under the SARFAESI Act and a considerable sum was realised by the Defacto Complainant through the sale proceeds of the mortgaged property.
10.At this stage, a cursory glance of the ground (g) taken by the Petitioners in the present Criminal Original Petition points out that 'all the offences alleged against the Petitioners are compoundable and since the Defacto Complainant has almost recovered the entire dues from the Petitioners as on date, the complaint is liable to be quashed.
11.Conversely, it is the submission of the Learned Special Public Prosecutor for the First Respondent that the case in RC.2/E/2007 against M/s.Merit Resorts Pvt. Ltd. and its Directors and other accused persons were registered by the First Respondent under Section 120-B r/w.420, 468, 471 IPC and Sec. 13(2) r/w.13(1)(d) of Prevention of Corruption Act, 1988 based on the complaint lodged by the General Manager and Chief Vigilance Officer, Canara Bank, Head Office, Bangalore and the First Information Report was submitted before the Learned Special Judge for CBI Cases at Chennai.
12.The Learned Special Public Prosecutor for the First Respondent brings it to the notice of this Court that a charge sheet was filed on 14.11.2008 before the Learned Additional Chief Metropolitan Magistrate, Egmore, Chennai against S.Harshavardhan Reddy (A1), M.R.Sarangapani (A2), S.Shaalini (A3), Ritesh Ranka (A4), Nitya Reddy (A5), M/s.Merit Resorts Pvt. Ltd., (A6) represented by its Directors S.Harshavardhan Reddy and M.R.Sarangapani and M/s.Trisha Exports, Chennai (A7) represented by S.Harshavardhan Reddy for the offences punishable under Section 120-B r/w.420, 468, 471, 474 IPC and for substantive offences thereof.
13.It appears that accused on being served with summons, had appeared before the trial Court concerned.
14.At this juncture, the Learned Special Public Prosecutor for the First Respondent draws the attention of this Court to the fact that charges were framed on 16.07.2009 against all the Petitioners/Accused and out of 60 witnesses, 47 witnesses were examined. At that point of time only, the Petitioners/A1, A2, A3 and A5 have projected the present Crl.O.P.No.6029 of 2012 before this Court, without any bona-fide reasons.
15.The Learned Special Public Prosecutor for the First Respondent projects an argument that during[protected] S.Harshavardhan Reddy (A1), M.R.Sarangapani (A2), S.Shaalini (A3), Ritesh Ranka (A4), Nitya Reddy (A5) were parties to the criminal conspiracy among themselves to cheat Canara Bank by availing a loan by dishonestly and fraudulently submitting, forged property documents of the prime security and the collateral security, forged bank statements, balance sheets, IT Returns, etc., knowing them to be forged. Further, S.Harshavardhan Reddy (A1) together with Ritesh Ranka (A4) submitted a proposal to the Canara Bank, Teynampet Branch for a loan of Rs.20 Crores under the CANRENT Scheme for M/s.Merit Resorts Pvt. Ltd., allegedly for making additional constructions for the Educational Institution run by Merit International Education Foundations, in which, S.Harshavardhan Reddy (A1), M.R.Sarangapani (A2) and S.Shaalini (A3) were the Trustees. In fact, the forged 'Lease Agreements' were created as if they were rent receipts to the Trust.
16.Expatiating his submission, the Learned Special Public Prosecutor for the First Respondent strenuously contends that the prime security for the CANRENT loan was the rent receivable from M/s.Merit International Education Foundation and the property at Ooty including the buildings thereon and the collateral security offered was the land and building at No.547, Anna Salai Chennai which was shown as standing in the name of S.Harshavardhan (A1). It is represented that together with the proposal it appears that the forged lease agreement between the Trust and Company, forged IT Returns, forged Balance Sheets and forged Statement of Accounts in the name of the Company and the Trust were furnished to the Bank along with an inflated valuation reports in respect of the properties at Ooty and Chennai which were offered as security. Indeed, Canara Bank on the basis of the above said applications, sanctioned the loan to the tune of Rs.16 Crores, of which, Rs.13 Crores was withdrawn by them showing it as for purchase of equipment from Trisha Exports and diverted the funds by transferring the same to the various accounts opened by them and thereafter withdrawing it and thus, caused a wrongful loss to the Canara Bank to the tune of Rs.10.77 Crores and caused corresponding wrongful gain to themselves.
17.The Learned Special Public Prosecutor for the First Respondent proceeds to make a significant mention that the investigation in the case had lead to the establishment of a pivotal fact that S.Harshavardhan Reddy (A1), M.R.Sarangapani (A2) and S.Shaalini (A3) were the Directors of M/s.Merit Resorts Pvt. Ltd., (the same being incorporated on 15.11.1996) and they are also the trustees of M/s.Merit International Education Foundation, registered as Public Charitable Trust at Chennai on 28.05.1997. Apart from that, the said resorts had purchased land measuring 10.34 acres at Ooty and had constructed buildings and started running the Merit International Institute of Technology. In reality, the Company had entered into an agreement with the Trust for leasing out the building for running the Educational Institution for which they had shown receipt of advance which was to be adjusted against the rentals to be received.
18.Further, in the course of investigation, it came to light that the aforesaid lease agreement was forged one created by the accused in furtherance of the criminal conspiracy that they were aware that there was an agreement for lease of hostel accommodation entered into between the Company and the Trust dated 27.04.1998, in which, M.R.Sarangapani had signed as Managing Director of the Company and S.Shaalini had signed as Managing Trustee as per Merit Resorts Pvt. Ltd., had offered 150000 sq. ft approximately of plinth area of Merit International Education Foundation for hostel accommodation of students on completion of the project and the lease rentals will be fixed by Merit Resorts Pvt. Ltd., in consultation with Merit International Education Foundation at reasonable market rates. That apart, the Merit International Educational Foundation had agreed to pay lease rental advance of approximately Rs.750 lakhs which was to be adjusted against the rentals. As a matter of fact, the lease rental advance was reflected in the Balance sheet of the Company and as such, no rentals were paid by the Trust to the Company.
19.The Learned Special Public Prosecutor for the First Respondent also invites the attention of this Court to yet another plea that (they came to be established during the course of investigation) IT Returns of the Company and the Trust were forged for the Assessment Years 2002-03 and 2003-04 and only copies of forged returns were submitted to the Bank along with the proposal. Further, Original Returns filed before the IT Department were showing loss whereas the copies submitted to the Bank were showing huge profits and payment of huge Income Tax. The accused also furnished photocopies of forged portfolio statement of account number 734187 in respect of Merit Resorts Pvt. Ltd., with ABN Amro Bank for the period 01.04.2004 to 30.09.2004 and in account number 734191 in respect of Merit International Education with ABN Amro Bank for the period 01.04.2004 to 30.09.2004 respectively along with the proposal to show that the Company is receiving rental income from the Trust.
20.The Learned Special Public Prosecutor for the First Respondent in effect submits that the aforesaid accounts do not contain any of the transactions. In short, the Company has submitted bogus and forged provisional balance sheet as on 30.09.2004 showing bogus figures of Income from Merit International Education Foundation towards rental and maintenance charges. Also that, the Original Balance Sheet of the Company was signed by M.R.Sarangapani and S.Shaalini, but the copies furnished to the Bank were signed by Harshavardhan Reddy as Managing Director and S.Shaalini as Director.
21.The Learned Special Public Prosecutor for the First Respondent takes an emphatic plea before this Court that Ritesh Ranka and Nitya Reddy were not made as Directors of the Company and Form 32 was not filed before the Registrar of Companies. But a forged copy of the Form 32 was submitted to the Bank. For fulfilling the condition of executing the personal guarantee of all the Directors of the Company, on 30.12.2004, Harshavardhan Reddy collected two personal guarantee forms to be signed by M.R.Sarangapani and S.Shaalini who were informed to be at abroad and by forging the signature of these two Directors and also getting forged signatures and stamp impressions of the officer of the Embassy, to make it appear that these guarantee forms were genuinely executed by the two Directors who were abroad, submitted the same to the Bank. The said Harshavardhan Reddy, thereafter submitted the forged property document relating to the prime security for the loan, namely, the sale deeds 340/99, 647/99 and 906/01 knowing fully well that they were forged documents and the Originals of the said documents were held by his parents. Also that, Harshavardhan Reddy submitted Encumbrance Certificate for the said properties obtained from Ooty with the help of S.Shaalini and her staff and also submitted forged document relating to the property at No.547 Anna Salai along with forged Encumbrance Certificate to the Bank. In respect of the property belonging to one Salahudeen and Noore Fathima, they obtained forged document showing the ownership of Salahudeen and Noore Fathima and a forged document showing the sale of the property by them to Harshavardhan Reddy which was shown as registered at Sub Registrar Office, T.Nagar, which admittedly had no jurisdiction to register the same.
22.The Learned Special Public Prosecutor for the First Respondent contends that Bank had disposed the mortgaged property of both land and building at No.22 Havelock road, Ooty and No.547 Anna Salai, Chennai under SARFAESI Act and appropriated the proceeds of the sale by 'Auction' and recovered their dues owed by the Petitioners/Accused. However, this property is not connected with this criminal case.
23.Furthermore, it is represented on behalf of the First Respondent that a charge sheet was filed against the Petitioners in respect of the offences under Section 120-B r/w.420, 468, 471 and 474 IPC and substantive offences thereof. In fact, the Civil and Criminal liability are distinct and separate in the eye of Law. Also that the offence under Section 420 IPC is a compoundable one, that too, with the permission of the Court. Apart from the ingredients of Section 420 IPC, there are other Sections of IPC under which the Petitioners/Accused were charged, which are non compoundable in character.
24.The Learned Special Public Prosecutor for the First Respondent submits that the repayment of dues to the Bank by the Petitioners/Accused by no stretch of imagination can absolve their criminal liability in the eye of Law. Also, it is projected on behalf of the First Respondent that in any event, the Criminal Original Petition filed by the Petitioners to quash C.C.No.15007 of 2008 on the file of the trial Court is per se not maintainable in the eye of law or on facts.
25.As far as the present case is concerned, there is no two opinion of crystalline fact that charges were framed on 16.07.2009 and already 47 witnesses were examined out of 60 witnesses (on the date of filing of counter on 04.09.2014) and axiomatic principle in Law is that when once the trial had commenced in a criminal case, then, a Petition/Application under Section 482 Cr.P.C., for quashing the trial Court proceedings would not lie, as laid down in the decision in Zoom Vision, rep. by Y.Hariharan, Managing Partner & Others V. P.Manickam and Co., rep. by its Partner M.Nagarajan [2001 (4) Crimes 96].
26.At this stage, this Court worth recalls and recollects the decision of the Hon'ble Supreme Court in Gian Singh V. State of Punjab and Another [2011 (2) MLJ (Crl.) 201 (SC)], whereby and whereunder, it is observed that 'Non Compoundable offences cannot be permitted to be compounded by the Court directly or indirectly'.
27.One cannot brush aside a primordial fact that where the Accused/Individual had 'Guilty Mind' (Mens Rea) or not, can only be ascertained based on proper available materials on record during the trial of a given case. Viewed in that perspective, an inherent powers of a Court of Law cannot be pressed into service when a case in C.C.No.15007/2008 was already in the final stage.
28.Also, this Court aptly points out the decision of the Hon'ble Supreme Court in Central Bureau of Investigation V. Maninder Singh reported in 2016 (1) Supreme Court Cases at page 389 and at Special page 394, wherein, at paragraphs 17 & 18, it is observed as follows:
17.The inherent power of the High Court under Section 482 Cr.P.C should be sparingly used. Only when the Court comes to the conclusion that there would be manifest injustice or there would be abuse of the process of the Court if such power is not exercised, the Court would quash the proceedings. In economic offences the Court must not only keep in view that money has been paid to the bank which has been defrauded but also the society at large. It is not a case of simple assault or a theft of a trivial amount; but the offence with which we are concerned was well planned and was committed with a deliberate design with an eye on personal profit regardless of consequence to the society at large. To quash the proceeding merely on the ground that the accused has settled the amount with the bank would be a misplaced sympathy. If the prosecution against the economic offenders are not allowed to continue, the entire community is aggrieved.
18.In the recent decision in Vikram Anantrai Doshi [State of Maharashtra V. Vikram Anantrai Doshi[protected] SCC 29)], this Court distinguished Nikhil Merchant case [Nikhil Merchant V. CBI (2008 (9) SCC 677: 2008 (3) SCC (Cri) 858)] and Narendra Lal Jain case [CBI V. Narendra Lal Jain (2014 (5) SCC 364 : 2014 (2) SCC (Cri) 579)] where the compromise was a part of the decree of the court and by which the parties withdrew all allegations against each other. After referring to various case laws under subject in Vikram Anantrai Doshi case, this Court observed that cheating bank exposits fiscal impurity and such financial fraud is an offence against the society at large, in para 26, this Court held as under : (Vikram Anantrai Doshi case, SCC P.42) 26. ... Be it stated, that availing of money from a nationalised bank in the manner, as alleged by the investigating agency, vividly exposits fiscal impurity and, in a way, financial fraud. The modus operandi as narrated in the charge-sheet cannot be put in the compartment of an individual or personal wrong. It is a social wrong and it has immense societal impact. It is an accepted principle of handling of finance that whenever there is manipulation and cleverly conceived contrivance to avail of these kind of benefits it cannot be regarded as a case having overwhelmingly and predominantly of civil character. The ultimate victim is the collective. It creates a hazard in the financial interest of the society. The gravity of the offence creates a dent in the economic spine of the nation. The cleverness which has been skilfully contrived, if the allegations are true, has a serious consequence. A crime of this nature, in our view, would definitely fall in the category of offences which travel far ahead of personal or private wrong. It has the potentiality to usher in economic crisis. Its implications have its own seriousness, for it creates a concavity in the solemnity that is expected in financial transactions. It is not such a case where one can pay the amount and obtain a 'no-dues certificate' and enjoy the benefit of quashing of the criminal proceedings on the hypostasis that nothing more remains to be done. The collective interest of which the Court is the guardian cannot be a silent or a mute spectator to allow the proceedings to be withdrawn, or for that matter yield to the ingenuous dexterity of the accused persons to invoke the jurisdiction under Article 226 of the Constitution or under Section 482 of the Code and quash the proceeding. It is not legally permissible. The Court is expected to be on guard to these kinds of adroit moves. The High Court, we humble remind, should have dealt with the matter keeping in mind that in these kinds of litigations the accused when perceives a tiny gleam of success, readily invokes the inherent jurisdiction for quashing of the criminal proceeding. The Court's principal duty, at that juncture, should be to scan the entire facts to find out the thrust of allegations and the crux of the settlement. It is the experience of the Judge that comes to his aid and the said experience should be used with care, caution, circumspection and courageous prudence. As we find in the case at hand, the learned Single Judge has not taken pains to scrutinise the entire conspectus of facts in proper perspective and quashed the criminal proceeding. The said quashment neither helps to secure the ends of justice nor does it prevent the abuse of the process of the Court nor can it be also said that as there is a settlement no evidence will come on record and there will be remote chance of conviction. Such a finding in our view would be difficult to record. Be that as it may, the fact remains that the social interest would be on peril and the prosecuting agency, in these circumstances, cannot be treated as an alien to the whole case. Ergo, we have no other option but to hold that the order of the High Court [Vikram Anantrai Doshi V. State of Maharashtra (Criminal Application No.2239 of 2009, order dated 22.04.2010 (Bom)] is wholly indefensible.
29.In view of the fact that C.C.No.15007 of 2008 on the file of the trial Court (as on date of filing of the counter dated 04.09.2014) in the main case, out of 60 witnesses, 47 witnesses were examined and in order to ascertain whether the case would end in conviction or acquittal, it is not necessary for the Court to find out the same.
30.It is brought to the notice of this Court that the present stage of the case is for examination of the witnesses on the side of the First Respondent/Prosecution and only Investigating Officer is to be examined and the next date of hearing of the case is 28.09.2016.
31.In view of the foregoing reasons and also, this Court taking note of the fact that in C.C.No.15007 of 2008 on the file of the trial Court, the case is in final stage and it is just and prudent for the Petitioners to take part in the course of trial of the main case and to take the result of the verdict one way or other (based on the merits of the case), even though dues were paid to the Bank by the Petitioners. Looking at from any angle, the the Criminal Original Petition sans merits.
32.In the result, the Criminal Original Petition is dismissed. Before parting with the case, this Court abundantly makes it clear that it is open to the Petitioners to raise all factual and legal pleas before the trial Court in C.C.No.15007 of 2008 including the aspect of payment of amounts due to the Bank and to seek appropriate remedy if they so desire/advised, of course, in accordance with Law and in the manner known to Law. Consequently, connected Miscellaneous Petition is closed.
26.09.2016 DP Internet:Yes Index:Yes To
1.The Additional Chief Metropolitan Magistrate, Egmore, Chennai
2.The Additional Superintendent of Police, CBI, BS & FC, Bangalore
3.K.B.Jayaprakash, General Manager & Chief Vigilance Officer, Canara Bank, Vigilance Section, Head Office Annexe, Bangalore.
4.The Public Prosecutor High Court, Chennai.
M.VENUGOPAL.J, DP Crl.O.P.No.6029 of 2012 and M.P.No.1 of 2012 26.09.2016
Ferrari-driving MBA who cheated investors of Rs 300 cr in 3 cities held in Delhi.
The police have arrested an MBA professional for allegedly duping several persons to the tune of Rs300 crore. The cops have recovered a Maserati car worth Rs3 crore.
Harshvardhan Reddy, police said, has been involved in cases in Chennai, Mumbai and Delhi and was absconding. “The vigilance branch has been developing profiles of proclaimed offenders of Delhi who have interstate cases registered against them. During one such operation, the profile of Reddy was developed. It was learnt that he was wanted in many cases registered at various cities. Accordingly, sources were deployed and surveillance was kept over his probable hideouts in Delhi NCR, ” DCP south, Ishwar Singh, said.
On Wednesday, the police received information that Reddy will visit Patiala House Court to take an update about cases pending against him. Immediately, a team was deployed and Reddy was apprehended.
During questioning, it was found that he has funded and set up several companies to manage his money.
“He disclosed that he approached people who had properties in expensive location, offering them a high rental for those properties. He convinced them that if the property is given to him on lease, then he can pay a much higher rent for it than the existing tenant. Once the person was convinced, and a lease deed for the same was executed, he used to pay an advance rental through post-dated cheques, which, however, were dishonoured later, ” Singh said.
“Once the lease deed was executed, he used to prepare a forged lease deed of the same property and showed it to be of a much higher price. Based on this, he took loans from the bank, following which he used to go underground, ” he added.
Reddy had fraudulently obtained as many as three different PAN Cards, on different names, citing different dates of birth and two passports, police said.
Reddy completed his schooling from National Public School, Gopal Puram, Chennai and did Hotel Management & Institutional Management from Swiss School of Hotel & Tourism Management, Switzerland. He is also completed his MBA from University of Western Sydney, Australia.
“He kept shifting his residence from Vasant Vihar to Golf Links to Chhatarpur, while continuously committing one after another fraud. From the money he earned, he purchased a fleet o[censored]ltra luxury cars like the Ferrari California, which costs Rs4.5 crore, Audis and a Maserati Quattraporte worth Rs3 crore. Subsequently, the Ferrari and some other cars were seized by SBI, the lender bank. However, he had masterfully concealed Maserati and was using it till his arrest. This car has been recovered. The concerned agencies have been informed of this arrest. Further investigation is under progress, ” Singh said.
http://www.hindustantimes.com/delhi/ferrari-driving-mba-who-cheated-investors-of...⇄
The police have arrested an MBA professional for allegedly duping several persons to the tune of Rs300 crore. The cops have recovered a Maserati car worth Rs3 crore.
Harshvardhan Reddy, police said, has been involved in cases in Chennai, Mumbai and Delhi and was absconding. “The vigilance branch has been developing profiles of proclaimed offenders of Delhi who have interstate cases registered against them. During one such operation, the profile of Reddy was developed. It was learnt that he was wanted in many cases registered at various cities. Accordingly, sources were deployed and surveillance was kept over his probable hideouts in Delhi NCR, ” DCP south, Ishwar Singh, said.
On Wednesday, the police received information that Reddy will visit Patiala House Court to take an update about cases pending against him. Immediately, a team was deployed and Reddy was apprehended.
During questioning, it was found that he has funded and set up several companies to manage his money.
“He disclosed that he approached people who had properties in expensive location, offering them a high rental for those properties. He convinced them that if the property is given to him on lease, then he can pay a much higher rent for it than the existing tenant. Once the person was convinced, and a lease deed for the same was executed, he used to pay an advance rental through post-dated cheques, which, however, were dishonoured later, ” Singh said.
“Once the lease deed was executed, he used to prepare a forged lease deed of the same property and showed it to be of a much higher price. Based on this, he took loans from the bank, following which he used to go underground, ” he added.
Reddy had fraudulently obtained as many as three different PAN Cards, on different names, citing different dates of birth and two passports, police said.
Reddy completed his schooling from National Public School, Gopal Puram, Chennai and did Hotel Management & Institutional Management from Swiss School of Hotel & Tourism Management, Switzerland. He is also completed his MBA from University of Western Sydney, Australia.
“He kept shifting his residence from Vasant Vihar to Golf Links to Chhatarpur, while continuously committing one after another fraud. From the money he earned, he purchased a fleet o[censored]ltra luxury cars like the Ferrari California, which costs Rs4.5 crore, Audis and a Maserati Quattraporte worth Rs3 crore. Subsequently, the Ferrari and some other cars were seized by SBI, the lender bank. However, he had masterfully concealed Maserati and was using it till his arrest. This car has been recovered. The concerned agencies have been informed of this arrest. Further investigation is under progress, ” Singh said.
http://www.hindustantimes.com/delhi/ferrari-driving-mba-who-cheated-investors-of...⇄
He (Harshvardhan Reddy) tried his tricks with me as well, but I was vigilant and avoided getting into his traps.
The Delhi Police on Wednesday nabbed a management and hospitality professional for allegedly duping financial institutions and individuals of nearly Rs. 300 crore. Identified as Harshvardhan Reddy, the accused is a resident of Cedar Avenue in Chhatarpur’s DLF Farms.
Interestingly, the 40-year-old is a proclaimed offender who is wanted in several cases registered in Delhi, Chennai and Mumbai. He was nabbed at the Patiala House Courts after sources informed the police that he was to appear in the court on Wednesday. “He was under surveillance. He used to come to the courts to keep a check on the cases against him, ” said ADCP Chinmoy Biswal.
Reddy has been booked under Section 420 of the IPC, besides other charges.
Modus operandi
Explaining his modus operandi, Mr. Biswal said the accused would open a company, identify posh properties in metropolitan cities and then take a leasehold. “He would forge documents. For instance, he would list 500 sq. feet as 5, 000 sq. feet. Then, he would apply for loans. Since the figures were enhanced, his credit limit would increase. He would take the money, but not give it to the property owners, ” he said.
The police now suspect that Reddy may have possibly bribed bank officials to not inspect the area before taking the money from them.
The accused told the police that he ran companies like Merit Resort Pvt. Ltd., Aura Institutions Pvt. Ltd., HVR Pvt. Ltd. and Edutech Pvt. Ltd., among others. He allegedly owns luxury cars like the Ferrari California, a Maserati Quattroporte, and several Audi cars. The Ferrari and some other cars were subsequently seized by the SBI, the lender bank. However, he had managed to conceal the Maserati and was using it till he was arrested.
http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/40-year-old-nabbed-...⇄
Interestingly, the 40-year-old is a proclaimed offender who is wanted in several cases registered in Delhi, Chennai and Mumbai. He was nabbed at the Patiala House Courts after sources informed the police that he was to appear in the court on Wednesday. “He was under surveillance. He used to come to the courts to keep a check on the cases against him, ” said ADCP Chinmoy Biswal.
Reddy has been booked under Section 420 of the IPC, besides other charges.
Modus operandi
Explaining his modus operandi, Mr. Biswal said the accused would open a company, identify posh properties in metropolitan cities and then take a leasehold. “He would forge documents. For instance, he would list 500 sq. feet as 5, 000 sq. feet. Then, he would apply for loans. Since the figures were enhanced, his credit limit would increase. He would take the money, but not give it to the property owners, ” he said.
The police now suspect that Reddy may have possibly bribed bank officials to not inspect the area before taking the money from them.
The accused told the police that he ran companies like Merit Resort Pvt. Ltd., Aura Institutions Pvt. Ltd., HVR Pvt. Ltd. and Edutech Pvt. Ltd., among others. He allegedly owns luxury cars like the Ferrari California, a Maserati Quattroporte, and several Audi cars. The Ferrari and some other cars were subsequently seized by the SBI, the lender bank. However, he had managed to conceal the Maserati and was using it till he was arrested.
http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/40-year-old-nabbed-...⇄
Police should investigate his venture HVR Sports as well. He may well be duping a lot of businessmen using his fake company profiles and links (can't be sure if they're real or fake) with high profile politicians and bureaucrats. Recently he started his sporting frauds - targeting the sporting equipment and accessories manufacturers, and sponsorship rights for all sporting events across the country citing his contracts with numerous state Olympic associations (including but not limited to Uttar Pradesh, Sikkim etc). The contracts (if real) with the State Olympic committees are for allowing HVR sports to sponsor the events, but he claims that under that contract he solely owns the sponsorship rights to sell it to other companies interested in sponsoring any sporting event within the country. He also confirms that he can get the contracts for manufacturing firms who wish to provide any products or services to the sporting associations. Obviously for a fee and all verbal contracts and understandings. He also has been talking to people regarding a universal/unique sports ID for all sports personnel across the country. All of it - with no thoughts and vision on how to execute such a large vision, but is certain to charm people with his so-called great thoughts and ideas.
Wanted to share this - TO WHOMSOEVER IT MAY CONCERN.
Better be vigilant than to get trapped with Cons like Harshvardhan Reddy.
Wanted to share this - TO WHOMSOEVER IT MAY CONCERN.
Better be vigilant than to get trapped with Cons like Harshvardhan Reddy.