2025 (11) TMI 777

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....chment order dated 04.07.2022. 2. The learned counsel for the appellant submitted that CID, Special Unit and Economic Offences, Bangalore sent a letter on 25.09.2018 when amongst other FIRs, a copy of the FIR number 41 of 2017 dated 23rd January 2017 registered against M/s Dreamz Infra India Ltd., appellant Disha Chaudhary, Sachin Naik and others for the offence under section 34, 120 B, 406, 409 and 420 IPC, 1860 was forwarded. The charge sheet was thereupon filed on 25th February, 2018 before the Principal City Civil and Sessions Judge, Bangaluru City. 3. The ECIR was recorded thereupon which was taken up not only against M/s Dreamz Infra Pvt. Ltd. but other two companies also, though initially, it was only against M/s Dreamz Infra I....

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.... affordable housing and even if the allegations are taken on its face, can result in delay of execution of the work to deliver housing to the investor. The respondents however attached different properties of the Company represented by the appellant Disha Chaudhary. 5. The learned counsel for the appellant further submitted that though appellant Disha Chaudhary was holding the post of Managing Director but she was having education only up to class - Four and thus the affairs of the company was looked after by her husband, Sh. Sachin Naik. She left the company in the year 2012 due to matrimonial dispute between the appellant and her husband, Sachin Naik. A decision was taken to close down the company discharging all liabilities towards th....

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.... appellant did not argue or raise any other issue than referred to above. It is despite an opportunity given by the Tribunal to raise any other factual or legal issue. The counsel for the respondent recorded its satisfaction on the arguments already raised by him and accordingly concluded the arguments. 8. The counsel for the respondents vehemently contested the appeal. It was submitted that the appellant remained the main accused whereby she and her husband collected more than 16.65 crores in the year 2009 by cheating 800 people. To keep their identity secret, both husband and wife even changed their names, thus opened M/s Dreamz Infra India Limited with intention to collect money from the public in the guise of real estate business. ....

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....e considered the submissions raised by the parties. The FIR's discloses commission of predicate offence by the appellant and others. 13. The evidence collected during the course of investigation revealed involvement of the appellant and it would be made out even from the perusal of the statement of appellant Disha Chaudhary herself. 14. She has stated that in the year 2012-13, the company was captured by Sachin Naik (her husband) and she was not allowed to visit the company premises but no legal action against the husband was taken till registration of the FIR by the CID in the year 2016-17. It is with the admission that she did not resign from the post of MD and thereby continued to be the controlling officer of the Company during th....