New Delhi, Jan 24 (PTI) A Delhi Court today issued bailablewarrant against Subrato Roy, Chairman of Sahara India Group,in a case of alleged cheating and forgery in a housing projectlaunched by his company.
Chief Metropolitan Magistrate Vinod Yadav directed theDelhi Police to execute the warrant against Roy and four othercompany officials by February 9.
The warrant was issued on a complaint filed by NeerajPandey who alleged that the company has not started thehousing project despite getting a payment of Rs one lakh inyear 2003.
He has alleged that the company had launched the schemeSahara Swarn Yojna for developing 217 townships all over thecountry including the NCR region.
In the complaint filed on April 12, 2009 it was allegedthat despite the promise made in 2003, no progress was madefor its project in the NCR region and the company after sixyears offered to return Rs 1.58 lakh.
The complaint was lodged for the registering an FIR forcheating and forgery against Roy and others after policerefused to lodge it. .
"It is apparent that till date no allotment has been made to the complainant. It is also apparent that even the site ofthe township has not been disclosed to him giving rise to thepresumption that despite collecting money from the proposedallottee the township has not been established," the courtsaid.
Pandey, who filed the complaint through advocate AshutoshBhardwaj, alleged that the company has collected Rs one lakheach from 25,000 people from NCR region but the project hasnot taken off till date.
The court after hearing the contention said there wasenough prima facie evidence to take action against Roy andother company officials.
"It is also apparent that all promises were held out tothe general public through brochures/booklets which primafacie amounts to forging the documents. In my opinion there isprima facie enough material on record to proceed against themfor offences punishable under Sections 420(cheating),468(forgery), 506(criminal intimidation) and 120B(conspiracy)of the IPC," the CMM said.
"There are further allegations that when the complainantapproached this court and invoked criminal proceedings againstthe Roy and others they used all possible measures to thwartthis litigations, firstly by intimidating him and secondly bysending him the cheques of amount without he having asked forthe same and thereafter invoking the arbitration clause,knowing fully well that the same was for civil litigation andnot for criminal litigations," he said.