FIR No- 747 of 2022

AGRIPADA, BYCULLA, MUMBAI POLICE STATION.

SECTION – IPC – 34,406 & 420

Complainant:  Shri Jay Singh Palji Rathod

Address:    Room No. 17/8, Shantinagar, Sane Guruji Marg, Saat rasta, Mumbai 11  

                 (Mobile-7977283193)

Sections invoked: 34, 406 & 420 of the Indian Penal Code 1860

First Information Report: C R No 747 of 2022, Agripada Police Station, Byculla, Mumbai 

Date:  December 19, 2022

Accused:   1)  Mr. Gyandev Yetala Waghmare, aged 60 years, Resident of 5, C Walton House,                  Church Road, B/h Kurla Arch, Opp Phoenix Mall, Kurla W., Mumbai 70   2)   Mr. Govind Jivraj Makwana, Business, Regt. Room no 61, d block bati chawl,  behind arthroad jail, j r. Boricha marg, mumbai 

The gist of the Complaint : Translated from Marathi to English on best effort basis.

The Complainant, aged 66 Years, resides with family i.e. wife Hansaben, 61 years, son Harish, age 37 years, daughter Nita, 35 years. at the above-mentioned address since 32yrs.

The Complainant earns pension from BMC , as he used to work at E Ward, BMC, was Retired on 01/08/2015 as the Chief Supervisors . The Complainant’s Son Harish works as a laborer at E Ward, BMC, from these incomes livelihhod is earned for the family.

The Complainant informed that Mr. Govind Jivraj Makwana, does cable business and hence he know him from that. In August 2021 Mr. Makwana told him, that an acquaintance ( agent)  of Makwana do guaranteed flat allotment related work at SRA, and presently a room is available in Mahalakshmi SRA Society, Saat rasta,  then he showed complainant  a room in Mahalakshmi SRA Society R/n 1508, 15th Mala, C Wing. Later Mr. Makwana introduced  Mr. Gyandev Yetala Waghmare,  and Invited the complainant to meet at Room No 5, C Walton House, Church Road, Behind Kurla Arch, Opposite Phoenix Mall, Kurla W., Mumbai 70. All three people went to meet at Evershine Hotel in Byculla East , where Mr. Waghmare told complainant  that he can arrange the allotment of Room No. 1508, 15th Mala, in Mahalakshmi SRA, Satarasta, in complainant’s name for Rs. 40 lakhs, for which Rs.20 lakhs be paid now and the remaining 20 lakhs after giving the room key.

On 25/08/2021 Mr. Makwana told the Complainant that Mr. Waghmare is going to prepare flat purchase related papers for that the Complainant need to go to Kurla court. After that the Complainant went to Kurla court by bus. There the Complainant met Mr. Waghmare and later Mr. Makwana also joined them.  Mr. Waghmare had taken a stamp paper of 500 rupees. Mr. Waghmare got the agreement typed from the typist present in the said court and then went to Advocate BR Kashid and got it notarized. It was signed by the Complainant and Mr. Waghmare , whereas Mr. Makwana signed as a witness.

However said agreement, did not have mentioning that the amount Isi taken for the SRA room, but for Mr Waghmare took it in his personal name , It was mentioned that the amount was taken for personal reason and the Complainant did not understand the matter at that time.

Thereafter the Complainant was handed over  2 blank cheque  bearing no viz. 810851 and 810853 by Mr. Waghmare as a security account of his bank account at Mumbai District Central Cooperative Bank, Ltd. Account no. 4522.

After that the Complainant came back home and opened his wife’s bank account in Punjab National Bank, Byculla west, then went to branch and my account no. 1785000100059546 from Shri Waghmare to Bank of Baroda, Kurta Kamani Branch, Kurla west   19750100039008 in which an amount of 10 lakhs was transferred through RTGS.

Three days after that Mr. Makwana and the Complainant went to Mr. Waghmare’s house. At that time the Complainant gave Mr. Waghmare an amount of 5 lakhs in cash. Wagmare’s wife and daughter-in-law were present at the time. A week later Mr. Waghmare came to the Complainant house to collect the remaining 5 lakhs along with Mr. Makwana   At that time the Complainant paid Rs. 5 lakhs in cash to Mr. Waghmare and recorded the video.

Mr. Waghmare and Mr. Makwana then left.

On 06/10/2021 Mr. Waghmare called the Complainant and asked to pay another amount of Rs. 6 lakhs. When the Complainant told such matter to Mr. Makwana, he also came.              Mr. Waghmare came to the Complainant’s house. again a cash amount of Rs.6 lakhs to Mr. Waghmare,  againas security  video was shot, when the Complainant asked Mr. Waghmare to give his bank’s cheque for the amount of 6 lakhs, he gave the Complainant his above-mentioned Bank of Baroda cheque no. 000005, an undated check of Rs. 6 lakhs. Later Mr. Makwana and Mr. Waghmare left there.

After that Mr. Waghmare started giving vague reasons. In December 2021 Mr. Makwana has brought me the letter requested under RTI Act from SRA, Bandra office in the name of the Complainant’s wife demanding  income information from SRA office, Bandra to his office at Room No 1508, 15th Mala, C Wing, Mahalakshmi SRA Society .  the Complainant have received a letter by post in February 2022 asking him to pay another Rs.3 lakhs  to hand over the room key. At that time the Complainant told waghmare that he don’t want any room thus he should refund his money. After that, Mr. Waghmare started avoiding the Complainant. When the Complainant mentioned the matter to Mr. Makwana, he used to tell the Complainant that Mr. Waghmare was not picking up his phone. Then through  Mr. Makwana, the file was sent to the Complainant in which his wife and Mr. Periswamy Subramani Arjun, containing irrevocable  General Power of Attorney, Agreement of Sale and documents of Mr. Periswamy Arjun were prepared in favor of Chawl No. 64, Room No. 989, BKC Bharat Nagar, Bandra, East Mumbai 51. There is no signature of Mr. Periswami Arjun or my wife and only a draft has been prepared on it.

On 19/04/2022, the cheque of Bank of Baroda Bank given by Mr. Waghmare was deposited in the above mentioned Punjab National Bank of the Complainant’s wife when the said cheque bounced twice.  The Complainant filed a complaint against Mr. Waghmare at Vinoba Bhave Police Station, Mumbai regarding the fraud. At that time the statement of Mr. Waghmare was recorded. After that the Complainant have been given a letter that the said case is a civil one. After 5 days Mr. Waghmare transferred Rs. 5 lakh rupees to Punjab National Bank but the remaining amount of Rs. 21 lakhs has not been paid.  

Sr.No.	Property Category	Property type	Description	Value (In Rs/-)
1	Currency & coin	Indian rupees	Cash	Rs. 21 lakhs

 The complainant therefor have a legal complaint against the accused as they cheated,  defrauded him for Rs. 21,00,000 /-

Police Registered the case and took up the investigation The case is being investigated by the Police  officer namely Mr. Yogendra Pache.

The Complainant’s statement was recorded in Marathi ( gave copy of the same to him) and it was explained to him in Hindi  and he confirmed the same.