Crime Alert, as received information and FIR copy from Vadodara based construction company.
This is to bring to the notice of the public that the Directors/Partners of Right Channel Buildcon LLP being 1. Devendra Hanuman Pandey, 2. Grishma Devendra Pandey, 3. Supriya Devendra Pandey, 4. Sanjay Hanuman Pandey(having address as: Plot no. 402, A-wing, Cosmos C.H.S. Ltd, Lokhandwala Complex, Andheri-East, Mumbai) are the accused in the FIR registered by the undersigned being I-CR No. 11216001200148 of 2020 registered with Adalaj Police Station, Gandhinagar, Gujarat for the offences punishable under Sections 34, 120-B, 114, 409, 420, 465, 467, 468, 471 of the Indian Penal Code. That the factual matrix of the FIR are that the undersigned is Director of Manav Infrastructure Pvt. Ltd are in the business of building construction as well as buying and selling of lands as well as in the selling of other construction projects, infrastructures and holding the post of Director in other companies occupied in such activities and doing such business in and around Ahmedabad, Mehsana and Vadodara for past 15 years. The Company, in which we are Director, has sold many residential and commercial schemes and shopping malls’ schemes under the brand name of “Balaji” and our different companies are having -B rating. Thus, the undersigned and its company are having a high credibility, prestige and honour in this occupation. In relation to our business the undersigned regularly visits Mumbai. That the above-referred accused in this dispute are related to each other and accused are having a partnership firm in the Mumbai. As all these accused have informed us, they too are involved in such construction and other project activities. That the undersigned further states that above mentioned all the accused have in association in each other, to
in their common criminal malfeasance hatched a criminal conspiracy and as per their criminal conspiracy actively worked on their criminal roles and right from the beginning their intentions were to cheat and resort to the criminal breach of trust and for that Devendra Pandey, as part of their criminal conspiracy, met the undersigned at our farm house, which is situated at Bunglow no 1, Shree Balaji Upvan, Ambapur, Adalaj, in the third week of September 2018 and during the meeting the accused and the undersigned had talked about the previous meeting with accused persons, in Mumbai, in regards to two projects “Oshivara Project” and “Bhatia Project” in Mumbai and further told us that work of above mentioned projects has been given to the company of accused No 6 and No 7, and in that company he, i.e., the above-referred accused persons are also involved as directors and showed us the copies of related authorisation letters, powers and other documents and when we sought to give us those copies he told us to give it to us later and insisted upon joining actively in their two projects by significantly investing in it. During our this meeting at our farm house, accused had called from his different mobile phones to all other accused and had us talked to them and all other accused during that conversation on phone had asked the undersigned to invest in above mentioned two projects and also assured us that we, the complainant would invest in such two projects, we will have immense return and profit. Thus, such assurance and talk were repeated in-person by accused during that meeting as well. Thus, we fell for such attractive talks and offers but at that time too all accused were acting upon their pre-planned conspiracy to cheat us and commit the breach of trust with us. That the undersigned further states that following and agreeing to such attractive talks and as asked by the accused we, the undersigned was ready to invest in such two projects and on 28/09/2018 gave Rs. 2 crore cash at the office of Chartered Accountant Vicky Thar at their office at 602, A-wing, HDIL Caledonia Andheri East, Sahar Road, Mumbai. At that time, two persons Nehaben and Jigarbhai, who were working as employees at Mr. Vicky Thar were also present.
This amount was given by us by calling it through our men from our place in Ahmedabad and was given to accused Devendra Pandey in-person. Even while accepting the amount, accused has again reassured us on behalf of all the other accused, that we will get handsome return and profit on the said amount which we gave them for above two projects and asked us to trust and rely on his assurances. At that time, i.e., on 28/09/2018, it was pointed out about the Memorandum of Undertaking and while we had one Rs. 100 stamp paper, which we had bought in the name of our company, and we prepared the Memorandum of Undertaking between Ms. Right Channel Buildcon LLP and Ms. Manav Infrastructure Pvt. Ltd. On this Memorandum of Undertaking accused had signed as one of the partners of Ms. Right Channel Buildcon LLP and also gave the receipt for receiving Rs. 2 crore in cash. Accused had signed that receipt and Jigarbhai and Nehaben also signed it as witnesses. As per the content of Memorandum of Undertaking, Rs. 2 crore was for “Oshiwara Project” and Rs. 1 crore were given for “Bhaita Project”. As mentioned Rs. 1 crore were transferred by our company on date 1/11/2018 through RTGS at the Mumbai, Govindnagar Branch of Axis Bank Ltd. from Ms. Right Channel Buildcon LLP’s bank account No. 918020058630792 from our HDFC bank account at Vadodara branch into the account of accused.
Work of above mentioned two projects “Oshiwara Project” and “Bhatia Project” were assigned with Ms. AFcon Developers, which is the company of accused No 6 and 7 as per FIR and accused No 1-Devendra Pandey is also Director in that company. Documents in this regards were shown to us by accused No 1 during our meeting at our Ahmedabad Farm House, but when asked about the copy of the same it was denied to us by saying that such copies would be given while signing the MOU, but while signing the MOU when again asked about such copies accused No 1 had refused it by saying that its not with them at present but we were given an assurance that it will be to given to us later. Till date, despite repeatedly asked by us, those documents have not been given to us, which clearly shows that the documents as described to us during our meeting, talks with accused No 1 at our farm house at Ahmedabad, were false and forged and the intention behind such forged, false documents were only the part of larger conspiracy to cheat us and committing the breach of trust with us and right from the beginning all the accused were aware about the forgery and falsehood of these documents and despite that they were using it as true and real just as part of a larger conspiracy to cheat us and committing breach of trust with us. As per above mentioned MOU, Devendra Pandey nd Sanjay Pandey-accused in the FIR took the responsibility to get necessary permission but as the intentions of all the accused were to cheat us and commit breach of trust, they have intentionally not taken any efforts to get such permissions and in absence of such permissions no work has been started in said projects. Thus, right from the beginning, it was clear intentions of accused to cheat us, commit breach of trust with us and hence they have received Rs. 3 crores from us and never begun any work related to the projects mentioned in said MOU, because it was never intended by accused. That the undersigned has regularly and with regular frequency, in-person as well as on phone, followed it up with the accused but all the accused have never answered us clearly and were beating around the bush, because their only intentions were to commit the offence and grab hefty amount from the undersigned which once they got it they never worked anything to start the said project. Later, when the undersigned met the accused regarding returning the amount, which they received from us, with the interest stipulated in the MOU, Sanjay Pandey gave us the assurance that the said Rs. 3 crore will be returned to us with interest after the Ganesh Chaturthi of the same year and Sanjay Pandey gave such assurance after talking to rest of all the accused. That the undersigned further states that after getting Rs. 3 crore as mentioned in details above, accused have neither begun any project work nor made any visible efforts in that regards and in that situation if projects doesn’t start, the undersigned as per the MOU were to be returned our invested amount with interest as stipulated. But since no money was returned to the undersigned, thereafter on date 10/10/2019 issued the notice to Ms. AFcon Developers Pvt. Ltd. Thereafter on 26/10/2019 sent us a casual and evading reply and stated that Devendra Pandey and Sanjay Pandey were taken as directors but as they did not work as promised they have been given their money back.
And when Devendra Pandey was issued notice in this regards, he also replied very casually and evasively that he does not remember signing any such MOU and if he finds any such documents he will let us know and he also replied in such way on behalf of his brother-Sanjay Pandey. Above all facts points to the larger, pre-planned conspiracy of all the accused in close association with each other to implement their malfeasant and bad intentions, playing their criminal roles to cheat us with Rs. 3 crore in the name of said projects after giving assurance, promise and later intentionally not working on the said projects and also not working to start any such projects and not even returning our invested money despite agreeing upon it. That it is also to state that the above-referred accused persons have conspired with the other accused persons of the FIR to commit offences of Criminal Breach of Trust, Cheating and defrauded the undersigned of more than Rs. 3 crores and that the undersigned has come to the knowledge that the above-referred accused persons are involved into serious criminal acts/omissions with the undersigned and therefore this is to bring to notice to all the concerned persons not to involve into any commercial/business transactions with the said accused persons due to the above-referred reasons.
