Delhi Court Orders Fresh Investigation in Alleged Cheating Case Against Gautam Gambhir and Real Estate Firms

In a recent decision, a Delhi court has ordered a renewed investigation into a high-profile cheating case against former cricketer and current head coach of the Indian cricket team, Gautam Gambhir, along with several real estate firms. Special Judge Vishal Gogne overturned an earlier decision by a magisterial court, which had discharged Gambhir and others from charges related to alleged financial mismanagement and cheating of flat buyers. The court's order highlights significant concerns over the "inadequate expression of mind" with which the initial ruling addressed Gambhir's involvement, noting that the case warrants further investigation to clarify his role and financial transactions.

The case centres around allegations against real estate firms Rudra Buildwell Realty Pvt. Ltd., H R Infracity Pvt Ltd., U M Architectures and Contractors Ltd., and Gambhir, who served as a brand ambassador and additional director for their joint venture. The firms were accused of promoting a residential housing project at Indirapuram, Ghaziabad, Uttar Pradesh, initially launched as "Serra Bella" in 2011 and later renamed "Pavo Real" in 2013. According to complaints, prospective buyers were lured by the project’s promotional materials and advertisements, which claimed promising infrastructure and amenities. Flat buyers invested considerable sums, with payments ranging from Rs 6 lakh to Rs 16 lakh. However, despite these investments, no substantial development occurred on the project site, which allegedly remained untouched until 2016 when complaints surfaced.

The complainants claimed that, over time, they learned the project was neither developed according to the advertised site plan nor obtained approvals from the competent state government authorities. Further investigations revealed the property was embroiled in litigation, with a stay order issued by the Allahabad High Court on its possession as early as 2003. Following these discoveries, the complainants reportedly faced unresponsive communication from the companies, which allegedly ceased addressing their inquiries and concerns.

Special Judge Vishal Gogne’s recent order places a specific focus on Gambhir, whose involvement as both brand ambassador and additional director for the project has raised questions. The judge noted that Gambhir was the only accused individual with a "direct interface with the investors" through his prominent public role, thereby potentially increasing his influence in the project's marketing.

Despite Gambhir's earlier discharge by a lower court, Judge Gogne highlighted that the magisterial court's order lacked clarity on certain financial transactions. Specifically, the order overlooked the Rs 6 crore payment Gambhir had made to Rudra Buildwell Realty Pvt. Ltd., as well as the Rs 4.85 crore he reportedly received back. Judge Gogne observed, "The chargesheet did not clarify whether the amounts paid back to him by Rudra had any nexus or were sourced from the funds received from the investors in the project in question." The judge emphasised that, given the core allegation of cheating, it was crucial for the chargesheet to clarify whether any of the investors’ funds had been directed to Gambhir.

Furthermore, Gambhir’s involvement with the company extended beyond his role as a brand ambassador. He held the position of additional director from June 29, 2011, to October 1, 2013, during which time the project was actively advertised and marketed to potential buyers. The court acknowledged that the "bulk of the repayment" to Gambhir took place only after his resignation as an additional director in October 2013, yet emphasized that this timing required closer examination. “Yet, the impugned order generalised the findings against Gambhir by combining the findings against him with observations of the court regarding other accused (not named in the complaint),” Judge Gogne noted.

In light of these observations, Judge Gogne has remanded the case back to the magisterial court, instructing it to produce a comprehensive new order on the charges. This revised order is to include specific allegations against each accused individual, with reference to the corresponding evidence presented in the chargesheet. The judge emphasised that a detailed investigation into Gambhir’s financial dealings with the real estate firms and their potential connection to the investors' funds is essential to addressing the core allegations. "The allegations also merit further investigation into the role of Gautam Gambhir," Judge Gogne stated.

Case Details- Shri Sandeep Kumar Rawat & Ors. Vs. State and Ors.