Couple’s advocate: Shocking statement claims ‘The complainant…’

In an order passed earlier this month, additional sessions judge N.P. Mehta said “prima facie cognizable offence is made out” against the Kundra couple, the company founded by them- Satyug Gold Private Limited- as well as two directors and an employee of the firm read more

A Mumbai court directed police to probe a complaint against Bollywood actor Shilpa Shetty Kundra, her husband Raj Kundra and others for allegedly defrauding an investor in a gold scheme earlier this month.

In an order passed earlier this month, additional sessions judge N.P. Mehta said “prima facie cognizable offence is made out” against the Kundra couple, the company founded by them- Satyug Gold Private Limited- as well as two directors and an employee of the firm.

The couple’s advocate Prashant Patil has issued a statement regarding the same. It reads- “The complainant had a moved a criminal complaint against my clients Raj Kundra and Shilpa shetty in year of 2022 . This complaint was thoroughly investigated by the police in the year of 2022 by adopting the due process of law .
After thorough investigation it was found that the complainant had infact received the entire alleged amount of Rupees 90 lacs through legitimate means of payment.”

The statement added, “My clients bonafidely submitted these documents to the police department. After finding out the truth of the matter , the police delivered justice to my clients. Post this enquiry , the complainant opted to file a private complaint under sec 156(3) CrPC before the Honourable Court. After a passage of almost 2 years, the Honourable Court has directed the police to investigate the case again. We have complete faith in the independence and fairness of the investigation. The truth shall prevail . My clients have not committed any offence and it has been established through documents in possession of my clients. The invoice between the Compainant and my clients , clearly reflect that there is an Arbritation clause in the said contract.”

“If the complainant has any grievance about the alleged “interest amount “ the clause of Arbritation can certainly be invoked. However , the act of initiating criminal proceedings for settling commercial disputes has been deprecated by plethora of judgements of Honourable Supreme Court and various Honourable High Courts of our country. My clients shall fight this battle legally and shall cooperate with the investigation agencies. My clients reserve their right to sue the complainant for malicious proceedings, at the right stage of the proceedings,” Patil elucidated.

Details of the case

In the complaint filed through advocates Harikrishna Mishra and Vishal Acharya, Kothari said the Kundra couple had launched a scheme in 2014 under which anyone wanting to invest would be required to make complete payment of gold at a discounted rate upfront at the time of applying for the scheme. Later, an agreed quantity of gold would be delivered on the maturity date.

Based on the representation made by the accused persons, the complainant invested ₹90,38,600 under a 5-year plan on the assurance that 5,000 grams of 24-carat gold would be delivered on April 2, 2019, the plea said. However, the promised amount of gold was never delivered on the maturity date and after, it added.

Thus by making “an utterly bogus scheme” the accused have conspired and in connivance with each other committed an offence punishable under relevant provisions of IPC cheating and criminal breach of trust, the complaint said.

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