Nagpur restaurant Port O’ Gomez director Elvyn Gomes was granted bail by the court of 2nd Additional Chief Judicial Magistrate SG Sheikh on Friday. Gomes was recently arrested by Dhantoli Police for allegedly duping his three partners of Rs 1.35 crore. The complaint was filed by Shomit Bagchi.
Counsel for Gomes pointed out to the court that the said FIR registered with Dhantoli Police Station on February 18, 2019, was a counterblast to the complaint made by Gomes with Economic Offences Wing (EOW) of crime branch on November 27, 2018.
In his complaint, Gomes had appraised EOW as to how the present complainant Shomit Bagchi, and other two directors Pankaj Rathi and Sumit Heda had committed fraud with him of Rs 3.75 crores and that of Rs 8 crores with his Company Gomez Food Art Private Limited. Gomes had also submitted EOW with all documents and bare perusal of which would make it clear that complainant Shomit Bagchi, Pankaj Rathi and Sumit Heda had also diverted the funds of the company as well as the loan obtained by them from L & T in their personal account.
It was pointed out by counsel for Gomes that EOW had already started investigation upon said complaint and statements of Shomit Bagchi, Pankaj Rathi and Sumit Heda have already been recorded and therefore in order to save their skin, a false complaint has been lodged belatedly by them, that too with a police station, which does not even has jurisdiction. The counsel also pointed out that even before making arrest, provisions of Section 41-A of Cr.PC were not followed.
After hearing both the sides, the court granted Gomes bail on personal bond and SB of Rs 15,000 and surety of like amount. While advocate Shyam Dewani and advocate Dipenn Jagyasi appeared for Elvyn Gomes, APP for State and advocate Uday Dable and advocate Dhiren Upadhyay for complainant, assisted the prosecution.