Mumbai: A father-son duo have approached the HC seeking quashing of an FIR filed against them for alleged cheating and criminal breach of trust by making a farmer invest in a farming-trading firm, Qualirtas Agro Exim Services.
The plea filed by Ashok Raste, 56 and Nihal Raste, 26, states that they, too, are victims and have suffered a loss of ₹25 lakh by investing in the same firm that promised good returns on investments.
The FIR was registered on June 26, 2022 by one Sonu Mali with the Vishrambaug police station in Sangli for criminal breach of trust and cheating under various sections of the Indian Penal Code and the Maharashtra Protection Of Interest Of Depositors Act (MPID).
Raste and Mali met through a common friend, Pratap Wayande. Mali, a resident of Linganur in Sangli, claimed that he sold one acre of his agricultural land in December 2020 and used some of the money for his wife’s medical treatment and invested the remaining ₹8 lakh in Qualirtas between January 2021 and June 2021 on Raste’s advice.
Mali's complaint
As per Mali’s complaint, on November 19, 2021, Raste gave him a notary bond and merely returned ₹40,000. He asked Raste and other accused to return his money in June 2022 but they didn’t pay any heed.
The Rastes approached the HC after the pre-arrest bail was rejected by a sessions court in Sangli on July 28, 2022. As the HC expressed it was not inclined to grant relief, they withdrew the same on September 12, 2022. Seeking quashing of the FIR, they have prayed that the police be restrained from taking any coercive steps.
"Personal vendetta"
As per the plea, “The applicants are innocent and have not committed any offence as alleged and are falsely implicated in the present offence due to personal vendetta … and to malign their reputation.”
According to the Rastes, they too sent a written complaint to the police pointing out the modus operandi of Qualirtas promoter, Sharad Kukarni. They have prayed that they have nothing to do with the transactions between Mali and the company and are not the beneficiaries. Moreover, they never induced Mali to invest in the company, the plea states, also pointing out the delay in registering the complaint.
