Mumbai: After a decade, the Metropolitan Magistrate court, Girgaon, on Wednesday, acquitted Shiv Sena leader and MLC from Thane, Ravindra Phatak, and eight others, including his wife, in a case filed against them with MRA Marg police station in 2015, for allegedly cheating a businessman to the tune of Rs26 crore.
Civil Dispute, Not Crime: Defence
Phatak’s lawyer Prerak Choudhary said that the matter was a civil dispute but was given a criminal colour. He claimed the parties had also signed a consent term four years after the registration of the case in 2019, and yet the case went on for years.
As per the businessman, Premprakash Saraogi, who is involved in minerals excavated in Sateli, Sawantwadi, he came in contact with Phatak to sort out disputes with locals. In December 2008, Phatak was appointed as his firm’s consultant.
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It is claimed that in 2011, Phatak advised Saraogi to invest in real estate. They formed a firm namely M/s Blue Star Metal Solutions Pvt Ltd wherein, Saraogi had 50% stake. It is alleged that Phatak and his wife introduced Saraogi with members of the Punamiya family, partners of M/s Kapurba & Co The firm owned plots in in Panch Pakhadi and Majiwada in Thane, which the members wanted to sell and Phatak suggested Saraogi to purchase them.
Saraogi claimed that from time-to-time Phatak made him pay Rs13 crore to Kapurba & Co and Rs15 crore towards removal of encroachment from the plot. Later, at the time of signing the sales agreement, Saraogi alleged that Phatak signed it on behalf of the firm and Saraogi claimed it was not as per the draft shown to him.
However, it is alleged that even after several negotiations, a case was lodged for causing loss of Rs26 crore.
Settlement Added to Chargesheet
Four years later, there was a settlement between both the parties, the agreement of which was also added with the chargesheet. Phatak’s lawyer Choudhary said that after the chargesheet was filed, the defence moved a discharge plea but it was kept pending. Finally, they decided to withdraw it and go with trial.
Choudhary said, during the trial complainant could not turn up and prosecution only could examine three probe officers. As there was no evidence and a settlement was done, Choudhary said the court acquitted all the accused.
