
A sessions court recently rejected an appeal filed by Asha Gawli, wife of gangster Arun Gawli, seeking discharge from a case of alleged cheating and misappropriation of funds in 2006.
The court said that Asha was privy to the conspiracy and a prima facie case has been made out against her.
Asha, in her criminal revision appeal, had said that there was no evidence against her to frame charges in the case filed by the Economic Offences Wing and that a metropolitan magistrate’s court in 2017 had erred in rejecting her discharge application. The sessions court in its order last week had said that the magistrate’s court order was proper and there was no need to interference.
According to the submissions made before the court, in 2006, an FIR was lodged against Gawli and others over claims as the president of Akhil Bhartiya Sena with his wife as its vice-president, Gawli had misappropriated Rs 1.77 crore meant for the former employees of a company, who were part of a union – Akhil Bhartiya Kamgaan Sena – linked to their political party.
They were booked on charges, including cheating, forgery, criminal breach of trust and criminal conspiracy under the Indian Penal Code.
It was alleged that Rs 4 crore were meant to be distributed among 469 former employees of a company named Globe Auto Electricals, as per orders of the Bombay High Court. However, Rs 50 lakh were allegedly diverted to the account of a trust and thereafter, utilised by the accused.
Asha had told the court that the complainants have withdrawn their complaint and that there is no whisper about her involvement. She added that the former employees had voluntarily agreed for deduction of expenses, including the litigation costs incurred and hence, there was no misappropriation. The EOW countered this stating that Asha was a signatory to almost all the cheques through which the alleged misappropriation was done.
“This factum indicates that accused no 2 (Asha Gawli) is privy to the conspiracy, as she is signatory to those cheques along with accused number 1 (Gawli) and the amount cited in the cheque is siphoned without the purpose for which it is expected to be used,” the court said.
Arun Gawli is currently facing life imprisonment for the murder of Shiv Sena municipal councilor Kamlakar Jamsandekar in a case of contract killing in 2007.