Hello Mumbai City DeskÂ
On 16/01/2025, the Bombay High Court rejected the Anticipatory Bail Application of a Mumbai-based businessman, Mr. Afzal Iqbal Kapadia, who is the main Accused in a cheating case involving Rs. 57 lakhs. However, the court granted bail to his wife, Mrs. Nabila Afzal Kapadia, who is a Co-Accused in the same case.
The case stems from an alleged fraudulent real estate transaction involving the purchase of a shop located at Heera Panna, Haji Ali. The Complainant, Mr. Nisar Mohammad Ali Johari, claims he was defrauded by the Kapadias after he paid a total of Rs. 57 lakhs for the shop, which was priced at Rs. 2.82 crore.
According to Mr. Johari, despite making the payment, Mr. Kapadia failed to execute a formal Memorandum of Understanding (MOU) as agreed, and instead, Mr. Johari discovered that the property in question, the shop, had been unlawfully sold to another person for Rs. 3.28 crore, despite an existing valid contract that had not been terminated. Furthermore, without refunding the monies owed to the Complainant, Mr. Nisar Johari, the Accused, Mr. Afzal Kapadia, resold the shop to another person, thereby unlawfully gaining an additional sum of Rs. 46,000. Upon Mr. Johari’s attempts to contact Mr. Kapadia for clarification and to recover his outstanding payment, the Accused Mr. Afzal Kapadia failed to provide any response.
Advocate Mr. Firoz Usman, who represented Mr. Johari in Bombay High Court, expressed his satisfaction with the decision of the Hon’ble High Court, stating, “I am grateful on behalf of my client to Hon’ble Justice. N.J. Jamadar, presiding in Court Room No. 03 of Bombay High Court, who appreciated all my arguments which were substantiated with facts, cogent evidences and legal representation. The opponent attempted to misrepresent the facts and also tried to distort it by baseless submissions.
The Hon’ble Judge, J. Shri Jamadar, after hearing the Accused/Prosecutor (Representing Agripada Police Station) and Advocate Mr. Firoz Usman (Representing the Complainant/Intervener) Mr. Nisar Johari, passed an order whereby he rejected the Anticipatory Bail Application of Mr. Afzal Iqbal Kapadia and allowed the Anticipatory Bail Application of Mrs. Nabila Afzal Kapadia.
It is pertinent to note that the FIR was filed against the Kapadia’s on 06/09/2023 under sections 420, 406, 506 and 34 for cheating, criminal breach of trust and fraud, based on Mr. Johari’s complaint. Investigation in the present matter is ongoing at Agripada Police Station. Advocate Mr. Firoz Usman and the Complainant Mr. Nisar Johari now awaits the action of Agripada Police.
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