Vivek Agarwal of Audittech 360 Faces 16 Years of Jail, Criminal Implications

Sunland Case : Vivek Agarwal, promoter of Auditech 360, has been named as a co-accused in an ongoing case involving Sunland Projects Pvt Ltd. The company and its directors are currently under criminal investigation and are facing proceedings at the National Company Law Tribunal (NCLT), Kolkata.

FIR Details

On December 22, 2023, the Kolkata Police registered an FIR at Rabindra Sarobar Police Station. The complaint accuses the promoter of Sunland of:

• Fraudulent share transfer of 1,510,000 shares
• Forgery and manipulation of official records
• Illegally striking off a loan amounting to ₹9,95,64,143

These acts were allegedly carried out in conspiracy with several individuals, including Vivek Agarwal and Vishal Agarwal, according to the FIR.

Raids & Seizures

An 18-page directive issued by the Chief Judicial Magistrate of Alipore Police Court confirmed:

• Vivek Agarwal’s residence on GT Road, Howrah was raided
• Police were instructed to seize any forged documents, fake stamps/seals, and computer devices
• A thorough search of all premises linked to the accused was mandated

Legal Charges & Implications

Agarwal is charged under the Indian Penal Code for:

• Fraud
• Forgery
• Account manipulation

If convicted, he could face up to 16 years in prison. However, being categorized as a conspirator, he may receive a reduced sentence depending on court findings.

Business Associations & Conflicts

• Subhash Chand Khandelwal, former business partner of Agarwal at Auditech, was also a director at Sunland Projects Pvt Ltd
• Currently, Pooja Agarwal is listed as a co-partner at Auditech
• Court records from Alipore indicate major procedural lapses in a share transfer involving 33.33% of the company’s equity

Share Transfer Irregularities

• The share documents were not signed by the petitioner
• The documents were not registered with a Public Notary
• The gift deed was never uploaded to the Ministry of Corporate Affairs (MCA) portal

This led to the matter being escalated to the NCLT.

Professional Background & Public Perception

According to the official website of Auditech, Vivek is a:

“CA, DISA, CIFRS & CTax-UAE with over 15 years of experience in Management & Forensic Audit at Birla Group.”

Despite this profile, he now faces serious allegations that could permanently damage his professional standing.

International Connections

The Sydney Morning Herald reported that Amit Gupta, promoter of Sunland and co-accused, is:

“A target of a criminal investigation alleged to have conspired to bribe foreign public officials and to engage in money laundering and other offences.”

Broader Implications for Auditech 360

The case has raised serious questions about:

• Source of funds linked to Vivek Agarwal
• Credibility of his business network
• Transparency in financial transactions of Auditech 360

These concerns are central to assessing the legal and ethical standing of both Vivek Agarwal and his consulting firm.

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