- (1.) THE petitioner is hereby assailing the correctness, propriety and legality and continuance of the investigation in progress since 1998 in respect of C. R. No. 30 of 1998 from General Branch, GBCB, CID in respect of complaint filed by Mr. S. K. wadhwani which alleges commission of offences punishable under the provisions of Sections 406, 467 of IPC. Shri Wadhwani alleged that by taking his signatures on blank documents the petitioner committed fraud, misappropriation of his propertyand cheated him. He alleged in his complaint which he filed in the office of the Deputy Commissioner of Police, Crime Branch, Crawford Market, Mumbai on 18-3-1998 that his manager Shri Moorthy noticed that the petitioner took wrongful possession of his flat situated at colaba and took away certain documents in context with his proprieties. He further alleged that by misusing a general power of attorney executed in his favour the petitioner swindled his money and purchased some flats in Mumbai, some flats in Ratnagiri. He further alleged that the petitioner by playing fraud executed a memo of understanding.
(2.) THE petitioner appeared before the Investigating Officer during the course of the said investigation and produced the documents which were required by the Investigating Officer. Those documents are :- 1. Documents pertaining to registration/agreement of companies. (a) Pacificlink Export Industries Pvt. Ltd. , copy of certificate of incorporation and memorandum and article of association. (b) Interocean Shipping and Trading Company copy of Partnership Deed. (c) Shye Electronics Industries Pvt. Ltd. , copy of certificate of incorporation and memorandum and article of association. (d) Shye International Shipping and Chartering India Pvt. Ltd. , copy of certificate of incorporation and memorandum and article of association.
(3.) COPY of documents pertaining to- (a) Colaba flat - copy letter received from. The Assistant Custodian Evacuees Property for converting the premises for commercial purpose. (b) Lohtse flat - copy of purchase agreement and share certificate. (c) Mamta flat - copy of purchase agreement. (d) Bungalow and three flats at Ratnagiri - Relevant paprs. (e) Purchase agreement of flats in Zia Apartment. 3. Details of vehicles. (a) Tata Sierra (MH-01-P-1306) exclusively used by Mr. S. K. Wadhwani. This car was supposed to have been sold to Mr. Surren Gorubakshani. The original documents are handed over to Mr. Surren Gurubakshani as per instruction from Mr. Surendra Wadhwani (original complainant ). However, no payment has been received by Interocean Shipping and Tading company, in whose name the car is registered. (b) Contessa classic (MH-01-3280 ). The car is registered in the name of Pacificlink Export Industries Private Ltd. and is used only by Mr. S. K. Wadhwani. the original papers are lying with me and I enclose copy of the car papers. (c) Mercedes Benz (MH-01-S-1800 ). This car is registered in the name of the Shye Electronics Industries Private Ltd. , and is exclusively used by Mr. Surendra Wadhwani. The original car papers are with him. Mr. Wadhwani has taken a car loan from Bank of America and his installment payment is highly irregular. The petitioner was required to fac the telephone calls, and nasty reminder letters for non-payment of monthly installments, as co-director of the company. (As stated by the present petitioner ). The approximately loan balance is roughly Rupees thirteen lacs the petitioner enclosed copy of the letter from Bank of america for the payment of installment for reference to Investigating Officer Mr. Parulekar. 4. Documents pertaining to investments. (a) Sagar Flat. Copy of purchase agreement. (b) Versova Flat. copy of purchase agreement. (c) Open plot at Chennai. 4. (B) Details of Investment on share capital of companies. (A) Pacificlink Exports India P. Ltd. , Rs. 14,99,200/- (present petitioner) Rs. 9,99,800/- (Shri S. K. Wadhwani) (original complainant ). (B) Shye electronics India P. Ltd. , Rs. 100/- by the present petitioner, Rs. 100/- by Shri S. K. Wadhwani. (C) Shye Shipping and Chartering India Pvt. Ltd. , Rs. 1,00,000/- by present petitioner. Rs. 1,00,000/- by Shri S. K. Wadhwani. (D) Interocean Shipping and Trading Company Rs. 56,081/- by present petitioner and the same amount by Shri S. K. Wadhwani. 5. Bank account details. Present Petitioner Account No. 015-NP-11555-00 ANZ Grindlays Bank. Bombay Central Branch. Mrs. Nafeesa Begum A. S. Pagarkar, Account No. 015-NP-12955-00 ANZ Gridlays Bank. Bombay Central Brach. During the course of the investigation statements of Ms. Anima Bhupendra Kapadia, Advocate and Solicitor, Mumbai and Anil Harish C/o. Harish D. Mansharmani, Mumbai were recorded and they are relevant to the decision of this petition. As per the submission of Shri Ramrao Adhik, counsel appearing for the petitioner, there was a regular partnership between the present petitioner and Shri S. K. Wadhwani, the complainant and Shri S. K. Wadhwani had executed a general power of attorney in favour of the petitioner and in pursuance of that, the documents were executed though the help of solicitor firm which Mr. anima Bhupendra Expendia was working. The said solicitor. Firm is stayed Ms/. Daphtary Exeria and Divn. " The bills of the said firm have been beeen also included in the investigation. It shows that three regular meetings were held between the concerned persons for the purpose of drafting the memorandum of understanding, the document pertaining to grant of general power of attorney and other miscellaneous things. The statement of Anil Harish Mansharamani shows that there was discussion between Shri Sharat Chandra. Shri Arvind Jhaveri, Shri Nitin Jhaveri, shri Jagdish Kumar Chandra and Shri Moin Haider Bijli Khan, as the purchasers on one side and Shri S. K. Wadhwani, present petitioner and Mrs. Nafeesa Begu Pagarkar in respect of transfer of shares connected with the company under the style "m/s. Csango". The said purchasers were to purchase the shares belonging to present petitioner, his wife and Shri S. K. Wadhwani. His statement shows that in respect of those documents which are concerned with the investigation and in respect of which a fraud has been alleged, the said Anil Mansharamani has signed on each page. Though he sated that he had signed it as required by Shri Pagarkar, the present petitioner, he was dodging the officers by saying at important stages that he was not knowing much about the said transactions. He also admitted that somewhere about June or July 1997 the brief memorandum of understanding (M. O. U.) was made between M/s. Csango and Shri Wadhwani and Captain Pagarkar (the present petitioner) for Pacificlink Export Industries Private Limited for the repayment of the amount due from Pacific Link to "csango" and he prepared the said MOU which was signed by the present petitioner only, according to his statement. 3. Shri Adik submitted that the said person happens to be a close relative of said S. K. Wadhwani and his lawyer. Therefore, how much of reliance should be placed on his word? It is so because his statement shows that he stated that Shri S. K. Wadhwani was known to him since 3-4 years prior to recording of his statement as he was related to his wife and Shri Wadhwani used to consult him in respect of Tax Laws, Company Laws and Reserve Bank matters and he happensto be his Advocate. Shri Adik submitted that the general power of attorney was given by Shri S. K. Wadhwani in favour of the petitioner because said Wadhwani was residing in Hongkong and was unable to attend the business of those firms and it was decided between the present petitioner and Shri S. K. Wadhwani to disconnect from each other by memorandum of understanding. Shri Adik submitted that when that is so, how there could be criminal offence indicated by the FIR which has been lodged by Shri S. K. Wadhwani and in respect of which the investigation is going on since the year 1978. Shri Adik filed Xerox copy of the plaint in respect of Suit No. 4334 of 1998 filed in Bombay High Court in its original side jurisdiction and the said suitt is between the present petitioner and Shri S. K. Wadhwani and is in respect of dissolution of partnership, determination of the shares of each of them, partition of the shares, rendition of accounts and all other sundry matters. ;