Cheating case set aside

MUMBAI: In an interesting development in a cheating case, the director of an apparel company Gopal Bhatia and his wife Kavita Bhatia who were arrested last month on the charges of cheating, executed the sale agreement and handed over the possession of the flat to complainant within three weeks set by the court.

Last month the Bandra Metropolitan Magistrate R N Ambatkar had granted the Bhatia couple interim cash bail of Rs 20,000 for three weeks, condition that they execute the sale agreement with complainant. 82-year-old doctor Mukund Gandhi who had filed a complaint of cheating against Bhatias confirmed that the latter have settled the dispute with registering their sale agreement of the flat.

"We have registered our agreement and have taken over the possession of the said flat peacefully from Bhatias. Now we are in the process of obtaining the transfer of the flat in the society," said Gandhi.

Bhatia's advocate Mahesh Vaswani said, "We have complied with the conditions with the undertaking given to the court about the executive the registered sale deed as per MOU with the complainant and this happened due to some misunderstanding and my client had no intention to cheat complainant at any stage. My clients and complainant will soon be moving high court for quashing of the FIR." Police said that as the case is not compoundable, the police will have to first move high court for quashing. "We will be informing the court that as the matter has been amicably soughted out the FIR be quashed," said police officer.

Santacruz police last month arrested the couple. Gandhi alleged that he was looking to buy a flat at Ashoka Co-operative Housing Society in Santa Cruz, as the building where he resided, was undergoing redevelopment.

Gandhi came to know that a flat measuring 1,150 sq ft was up for sale for Rs 5.5 crore. A meeting was held between the Bhatias and Gandhi through an estate agent and finally a deal was struck for Rs 5.7 crore.

According to the memorandum of understanding (MoU), the entire amount was to be paid within 90 days. In June, Gandhi paid Rs 1.87 crore and the rest of the amount was to be paid by September 15. Gandhi alleged he was later shocked to learn that the Bhatias' flat was mortgaged with a bank. And when Gandhi went to inquire from Bhatias as the deadline was nearing, Bhatias yelled and threatened Gandhi and allegedly told to forget the deal.

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