The total damage suffered by the complainant is reportedly around Rs 1.33 cr
In yet another industrial crime, four directors and a chartered account of a private company have been booked for data theft, forgery and cheating money to the tune of Rs 1.33 crore. Chakan police have arrested two directors, including awoman, in connection to the case.
Police have booked directors Ravindar Kaur Savadi, her husband Vinayak Savadi, Varun Savadi, Narendra Marathe and the chartered accountant Udayen Jain under as many as 22 sections of the Indian Penal Code (IPC) and relevant sections of the Information Technology Act. After the police custody of Ravindar Kaur Savadi and Vinayak Savadi expired, the couple was sent to magisterial custody.
A 52-year-old Pune-based businesswoman Uma Nidmarti, resident of Balewadi, had filed the complaint in this regard with the police last week. According to her complaint, she owns Lectrotek System Private Limited Company at Swargate, but three directors of the firm left the company in February 2019.
Since she was in search of new talents to fill up the positions and look after the operations of the firm, she was introduced to the Savadis, directors of Ravon, by Udeyan Jain.
The complainant has alleged that she was tricked into investing and buying shares over Rs 28 lakh, a deal that later led her to dissolve her firm Lectroteck as well as Ravon, while a new venture by the name of Avontec was to be established. As promised, Avontec did come into existence and Savadis took over the entire charge of the company, right from the human resource department (HRD) to the management of the firm and other related functions. Nidmarti has further alleged that the Savadis misused their power and formed a competitor firm, which was run by her son. Furthermore, the couple allegedly also transferred an amount of Rs 1.5 crore into the account of Ravon, which was to be dissolved. Nidmarti has stated that during the COVID-19 lockdown, the Savadis and one person Marathe stole important documents, articles, fixed deposit (FD) papers, passwords, keys and moveable items from the office and abused their power as per their own whims and wishes, which caused her company to lose all its value. She has also alleged that the Savadis destroyed the company and then smoothly resigned from their respective positions. The total damage suffered by the complainant is reportedly around Rs 1.33 crore.
Taking cognisance of the allegations, Chakan police lodged a first information report (FIR) under sections 201(causing disappearance of evidence of offence, or giving false information to screen offender), 406 (punishment for criminal breach of trust), 380(theft in dwelling house), 381 (theft by clerk or servant of property in possession of master), 408 (criminal breach of trust by clerk or servant), 417 (punishment for cheating), 420 (cheating and dishonestly delivery of property), 426 (punishment for mischief), 447 (criminal trespass), 465 (forgery), 467 (forgery for valuable security), 468 (forgery for purpose of cheating), 471 (use fraudulently or dishonestly as genuine), 477 (fraaudulent cancellation, destruction of will or valuable security), 506 (criminal intimidation) and 34 (common intention) of the IPC and relevant sections of the Information Technology Act.
Senior police inspector Arvind Pawar attached to Chakan police station said, “We have arrested the Savadi couple and sought their police custody. During interrogation, they told that they paid the dues and salary of labourers so we did not recover any cash. We have recovered the computers, printers and other materials, which they had stolen from the company. Investigation is still on regarding probing various angles and we are yet to arrest other three accused.”
Advocates Pushkar Patil, Anuj Mantri and Sudhir Reddy represented Udayen Jain. Patil said, “Yet another civil matter is decorated into criminal law, which practice should be stopped by the police in the first place. The appeal in this matter is pending in National Company Law Tribunal (NCLT) and, therefore, cops cannot file the FIR as it amounts to double jeopardy.”
Advocate Sudhir Reddy told Mirror, “Our client has been needlessly and unnecessarily dragged in this complaint, which has no nexus with documentary proves. Involvement of our client’s name is an arm-twisting mechanism for achieving ulterior motives.”
Advocate Amol Dange, representing the arrested couple, said, “The complainant and accused Ravindar Kaur are the shareholders and directors of company. Vinayak was the CEO of the company and had resigned long back. There was dispute between the shareholders and director of company, so the complainant stopped access to Ravindar Kaur, therefore she filed petition before NCLT. Ravindar Kaur got order and NCLT directed to stay and not sell the property of the company. Having this grudge, she has filed the FIR with Chakan police. Initially, she had filed a complaint before JMFC court u/s sec 156(3) of CrPC, which was refused. The sections of IPC aren’t applicable as IT Act has its own mechanism. The sections of IT Act are bailable.The provision of 41A of CrPC was not followed. No recovery is to be done as evidence is documentary in nature.”