Nagpur: The Nagpur Bench of Bombay High Court granted anticipatory bail to two accused in a case of alleged Rs 1.5 crore fraud filed under sections 406, 417 r/w 120-B of the IPC. The bench of Justice Anil Pansare granted bail to the accused Sharad Lute and Vikas Vora who had been accused of cheating and defrauding one Dr Sanjeev Joshi, a resident of Yavatmal.
As per the prosecution, Dr Joshi had filed an FIR contending that he and his wife had paid an amount of Rs 1.5 crore to Vora and Lute who had told the complainant that they had taken Columbia Hospital in Nagpur and its pharmacy store on rent for five years. The duo had allegedly told Dr Joshi that they would pay him an amount of Rs 3 lakh per month if he provided them Rs 1.5 crore to give as security deposit. Vora and Lute also assured Dr Joshi that they would return the amount as and when demanded, the prosecution added.
Gold Rate
21 April 2025
The complainant alleged that Vora had taken him to meet Dr. Praveen Gantawar of Columbia Hospital and was assured that the said premises were given to Lute and Vora. The complainant allegedly had given Rs 80 lakh by way of security deposit to Dr. Gantawar and Rs 50 lakh to Lute. But since Vora did not adhere to his promises and did not pay Rs. 3 lakh per month to the complainant nor he repaid the amount of Rs. 1.50 crore he proceeded to lodge a report against the accused persons.
Arguing on behalf of the accused, Adv Prakash Naidu pointed out that in the FIR there were no averments against Lute nor were there any averments that he had at any point of time induced the complainant to part with the amount of Rs 1.5 crore. The FIR was silent on the aspect of any role of Lute with regards to practicing any fraud upon the complainant nor had he assured and promised any return to the complainant. It was also pointed out that the grievance was purely of civil nature and in order to secure refund of the security amount the complainant cannot be permitted to take recourse to criminal complaint.
Adv Vijay Morande, appearing on behalf of Vora, contended that whatever amount had been received by him was forwarded to Dr Gantawar and Lute and that since the hospital and the pharmacy were not being run, Vora could not cope up with his promise to the complainant and that the dispute was purely of a civil nature.
Considering the arguments and records, the court granted anticipatory bail to both the accused.
Adv Prakash Naidu, Joseph Bastian, Surabhi GodboleNaidu appeared for Lute. Advocate Vijay Morande appeared for Vora. Advocate Harish Dangre appeared for the complainant along with APP Sanjay Doifode.
