New Delhi: A Delhi court has ordered a fresh investigation into allegations against former cricketer and current head coach of the Indian cricket team Gautam Gambhir, along with others, in a case involving the reported cheating of flat buyers. This decision came after the court overturned an earlier magisterial court order discharging Gambhir from the case, noting it showed "inadequate expression of mind" regarding the allegations.

In his October 29 order, Special Judge Vishal Gogne stated that the allegations warranted a more thorough investigation into Gambhir’s role, emphasising that Gambhir was the only accused with a “direct interface with the investors” as a brand ambassador for the companies involved.

The case involves accusations of fraud against real estate firms Rudra Buildwell Realty Pvt. Ltd., H R Infracity Pvt. Ltd., U M Architectures and Contractors Ltd., as well as Gambhir, who served as both a director and brand ambassador for the companies’ joint venture. According to the judge, while Gambhir had been previously discharged, the order made no reference to the Rs 6 crore he reportedly provided to Rudra Buildwell Realty Pvt. Ltd. or the Rs 4.85 crore he received from the company.

The court highlighted the need for clarity in the chargesheet, especially to confirm if the funds returned to Gambhir by Rudra were linked to investor funds. Since the core accusation revolves around alleged cheating, the judge stated that the chargesheet and order should have clarified if any of the defrauded funds reached Gambhir.

Judge Gogne also noted that Gambhir held financial transactions with the company beyond his brand ambassador role, serving as an additional director from June 29, 2011, to October 1, 2013. This period included the launch of the housing project. However, the judge added that “most of the repayment” to Gambhir occurred after his resignation on October 1, 2013.

The judge criticised the initial court order for generalising findings against Gambhir, combining them with observations regarding other accused not directly mentioned in the complaint. He ordered the case be remanded to the magisterial court for a more detailed review of the charges, with specific allegations against each accused in relation to the chargesheet evidence.

The accused had reportedly promoted a housing project in Indirapuram, Ghaziabad, Uttar Pradesh, initially called “Serra Bella” in 2011 and later renamed “Pavo Real” in 2013. The prosecution claims that the complainants booked flats in these projects, paying amounts between Rs 6 lakh and Rs 16 lakh, influenced by the promotional materials.

However, the complainants allege that, despite these payments, there was no significant development on the plot, which remained undeveloped until the complaint was filed in 2016. It was later discovered that the project had neither been developed as planned nor approved by the state government authorities. Furthermore, the companies allegedly stopped responding to the complainants’ queries, and it was learned that the project land was entangled in litigation with an Allahabad High Court stay order on possession dating back to 2003.

Agencies