MUMBAI: A metropolitan magistrate has ordered prosecution of a businessman for providing false evidence in the court in a cheating and fraud case.
The court said prima facie evidence exists to prosecute Rajesh Nair, former managing director of Sigrun Realties. Nair told the court that he was forced to sign consent terms with other directors of the company after he was accused of siphoning off company's funds of Rs 184 crore. One of the share holders, Shivani Attri, had filed a complaint in the Borivli court saying Nair's statement regarding him being forced to sign the consent terms was false.
The directors, in August 2011, filed a police case against Nair for misusing their investments for personal gains. Nair then moved the sessions court for anticipatory bail. It was granted on an assurance that he would pay Rs 49.68 crore, according to the consent terms signed and agreed by him and the directors in December 7, 2011. Nair paid around Rs 8.65 crore and then stopped, saying the directors forced him to sign the settlement.
This started a series of complaints and counter-complaints. Nair lodged a complaint saying the directors created a fake power of attorney and used it to sell apartments purchased by his family trust in Vasai. This was followed by another complaint, accusing the directors of threatening him. The four directors were arrested and subsequently released on bail.
Faiyaz Manglorkar, an associate of Nair, said in his affidavit, the consent terms were signed without any coercion, Attri told the court. Additional metropolitan magistrate P S Ghate directed the assistant registrar to submit a complaint before a proper court. "I have not been served a notice. I am not aware of this," Nair said.
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