A Girgaum magistrate court on Friday rejected the bail applications of two men booked for duping a South Mumbai diamond businessman of Rs 35.79 lakhs by luring him with a discount on a luxury sedan.
As per the complaint of Malabar Hill resident Vipul Vithlani, he had discussed his plan to buy a Skoda car with a neighbour in his apartment. The neighbour had introduced him through his wife to one Prathamesh Patole, 29. Patole introduced him to one Ashish Gatkal, 33 and said they deal in buying and selling new Skoda cars.
Gatkal told the 52-year-old that he has a car dealership business in Pune called “Balaji Enterprises”.
They told him that they can get him the car that is available in the market at Rs 40 lakhs at Rs 35.79 lakhs and sent him photos of the car in different colours to choose from and an invoice from an email address patsonwheels@gmail.com and balajigroup151209@gmail.com with a quotation on the letterhead of “Balaji Enterprises”.
Vithlani approached a bank for a loan of Rs 30 lakhs to buy the car, but informed them that sanctioning of the loan will take time. They persuaded him that he must hurry as the discount is available only for a limited period, after which he will have to shell out Rs 40 lakhs to buy the car. He then paid Rs 5 lakh to book the car and paid the remaining amount on getting the loan on the bank details of Balaji Enterprises sent by them.
Vithlani, however, never got the delivery of the vehicle and the duo stopped answering his calls. He then sent an email to the ID that he received emails from to cancel the deal and asked them to return the amount. Thereafter, they apologised on email and on two occasions gave him cheques returning the amount, which bounced. Vithlani lodged a complaint against them as well his neighbour couple under the Negotiable Instruments Act.
In November this year, he approached the VP Road police and filed a complaint against them for cheating and criminal breach of trust, after which they were arrested.
In their bail pleas, Gatkal said that already civil proceedings are pending against him in the matter and the present complaint is not necessary. Patole in his plea said that he only worked as a commission agent for Gatkal’s company and has not misappropriated the amount. Their bail pleas were opposed by Vithlani through his advocate Rahul Agarwal.
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