ADV. AIRES FILED COMPLAINT OF CHEATING.

COMPLAINT OF CHEATING FILED AGAINST MUMBAI SENIOR ADVOCATE AMIT DESAI & ADVOCATE ASHWIN BHOBE

A complaint of cheating against Adv. Amit Desai and that of criminalconspiracy with common intention against Adv. Ashwin Bhobe was todayfiled by Adv. Aires Rodrigues at the Panaji Police Station.

Adv. Aires Rodrigues has in his complaint stated that Adv. Amit Desaihad fraudulently raised bills and had claimed Rs five lakhs for fourhearings he never appeared for before the Bombay High Court at Goa inthe Ryan Fernandes death sentence confirmation case.

Adv. Rodrigues has in his complaint to the Panaji Police stated thatAdvocate Amit Desai had billed the Goa Government Rs 3, 75,000 forappearing before the Bombay High Court at Goa on 26th, 27th and 28thNovember 2008 and another Rs 1, 25,000 for an appearance on 13th Jan2009 but that the Court records do not show his appearance.

Adv. Rodrigues in his First Information Report to the Panaji Policestation today has stated that Adv. Amit Desai and Adv. Ashwin Bhobehad committed offences of cheating, misappropriation of property, andbreach of trust under Section 420, r/w Sec 34 & section 120-B of theIndian Penal Code.

On the advice of Advocate General Mr. Subodh Kantak the Goa Governmentby an order dated 30th October 2008 had appointed Adv. Amit Desai toappear for the State of Goa in death sentence confirmation case beforethe Bombay High Court at Goa at a fee of Rs 1, 25, 000 per hearing. Bythe same order Adv. Ashwin Bhobe was also appointed as Advocate onrecord to assist Adv. Amit Desai at a fee of Rs 5000/- per hearing.

Adv. Rodrigues in his complaint has stated that Adv. Amit Desai’sraising the bills was a clear act of cheating, while Adv. Ashwin Bhobecriminally conspired and corroborated in the act by submitting thosebills to the government knowing that the bills were falsely raisedwhen there was factually no such appearances and Adv. Amit Desai wasnot entitled to that payment.

Adv. Rodrigues has stated that the bills raised by Adv. Amit Desaiwere forwarded and pursued by Adv. Ashwin Bhobe who was fully awarethat Adv. Amit Desai had not appeared for those four hearings and wasfraudulently claiming Rs five lakhs.

Adv. Rodrigues has further stated that Adv. Amit Desai and Adv. AshwinBhobe with common intention conspired and dishonestly induced theState Government into paying the bills for appearances not made andfalsely represented before the Government that the four appearances inCourt were truly made.

Adv. Rodrigues in his complaint has also stated that surprisingly theGoa Government paid Adv. Amit Desai the five lakhs without requiringhim to produce appearance certificates issued by the High Court as wasmandatory before any government advocate is paid.

Alleging that Adv. Amit Desai and Adv. Ashwin Bhobe used the falsebills to cheat the Goa Government, Adv. Rodrigues has stated that asthe offences relate to cheating the State exchequer it was needed thatin public interest the Panaji Police expeditiously investigate thecase.