Mumbai: The sessions court has rejected the anticipatory bail plea of the realtor couple Pronit Prem Nath and Amisha Pronit Nath. They are accused of cheating Varun Bangera, the husband of actor Karishma Tanna, and television host Samir Kochhar, amounting to Rs 1.03 crore under the pretext of selling them flats in 2021.
The court, in denying their anticipatory bail, stated, "From the allegations, it appears that the applicants/accused have systematically planned to obtain the initial amount from the informant, used it for their own purposes, and subsequently denied selling the flat to the informant. Thus, the deception and fraudulent intention on the part of applicants/accused are apparently clear."
Couple booked by Amboli police station
The couple was booked by Amboli police station based on the complaint of Sameer Kochhar. It is claimed that Kochhar and Bangera were searching for properties in December 2020. At that time, they learned that the Naths were planning to build a four-floor building in Pali Village, Bandra West, and later sell it.
Following a meeting where Nath explained the plan, Kochar decided to buy a flat for Rs 1.95 crores, and Bangera opted for a flat for Rs 90 lakhs. Kochar gave a cheque of Rs 11 lakhs as a token, and Bangera gave a cheque of Rs 19.85 lakhs as a token amount. In total, Kochar paid Rs 58.50 lakhs, and Bangera paid Rs 44.66 lakhs to the Naths.
Plot mortgaged to financial company
However, the complainants discovered that the plot was mortgaged to a financial company. The Naths assured them that the flats would be sold after clearing the mortgage and requested the signing of a Memorandum of Understanding (MoU), which was done on March 30, 2021.
On June 23, 2023, Nath informed Kochar and Bangera that they no longer wanted to sell the property and intended to keep it for themselves. Litigation ensued, and Kochar filed a case.
Investigation and custodial interrogation necessary: Court
Nath's lawyer argued that the matter is purely of a civil nature, with no criminal intent on the part of the accused. Kochar's lawyer, Prerak Chaudhary, submitted all relevant documents, including the Memorandum of Understanding, proofs of payment to Nath, and a copy of the suit instituted for specific performance of the agreement.
After reviewing the documents and arguments, the court held that the accused had agreed to sell the flat to the informant but refused to do so, subsequently entering into a Memorandum of Understanding with Sachet Pandey for the same flat. The court determined that further investigation and custodial interrogation are necessary.
