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HC rejects CrWP filed by Dataline against Indus Shipping, directs trial court hear it afresh as civil matter

Mumbai: Twelve years after filing a Criminal Writ Petition (CrWP) by Ms Dataline Pvt Ltd managing director V B Padode (original accused, petitioners) against Captain Amarjit Singh Vidyarthi of Ms Indus Shipping (original complainant), it is back to square one as the Bombay High Court while rejecting the CrWP directed the trial court to hear the matter afresh.

In 2007, a petition was filed by the original accused in a complaint alleging cheating and criminal breach of trust was admitted, the Bombay High Court rejected it on September 27 and remanded it back to the Trial Court. The genesis of the

matter between Dataline Pvt Ltd, represented by its Managing Director, V.B Padode and Indus Shipping, represented by Captain Amarjit Singh Vidyarthi, Managing Director began much earlier, in 1997 when Singh gave Rs.41 lakhs to Dataline (Padode) as deposit towards purchasing a premises owned by Dataline at D.N.Road, Fort in Mumbai.

Singh filed a complaint in the Criminal Courts at Esplanade of cheating and criminal breach of trust against Dataline and Padode. Dataline, through Padode, applied for Discharge, which was rejected. They then preferred a Revision Application, which also was rejected. Thereafter, Dataline, through V.B.Padode, lodged Cr.WP and were able to obtain a Stay on the Trial.

The Petition came up for Final Hearing, when Justice S. S. Shinde rejected it on September 27. Justice Shinde in his judgment observed “as already observed herein above, the Petitioners gave impression to the complainant that there is clear title to the subject property, however, prima facie it appears that since inception the Petitioners had intention to cheat the complainant. In the facts of the present, it needs to be noted that till hearing of this Writ Petition, admittedly the Petitioners did not refund the amount as mentioned in their letter dated 13/10/1997 which they agreed to pay to the complainant”.

Senior advocate Girish S Godbole represented the Petitioners, Dataline through V. B.Padode. Godbole is former Judge of the Bombay High Court. He resigned before he was confirmed. Pune based advocate Amit Kumar Bhowmik appeared for the Respondents . The premises, is worth over Rs.14 crores now, has been taken over by the ICICI Bank as they had been earlier mortgaged to them by Dataline in lieu of a loan taken.

Prashant Hamine
Prashant Hamine
News Editor - He has more than 25 years of experience in English journalism. He had worked with DNA, Free Press Journal and Afternoon Dispatch. He covers politics.

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