“This court, in exercise of its powers under section 482 of CrPC, finds no justification to interfere with the order passed by the courts below,” the high court said.
“This court, in exercise of its powers under section 482 of CrPC, finds no justification to interfere with the order passed by the courts below,” the high court said.
The Delhi High Court has dismissed a petition seeking summons to Bollywood actor Vivek Oberoi, his father Suresh Oberoi and their Delhi-based firm Yashi Multimedia Pvt Ltd for allegedly cheating an entertainment company in 2003.
Justice Purushendra Kumar Kaurav said that he is not allowing the relief not only on the ground that the petitioner has resorted to civil remedy, but also because the court finds that the entire complaint will not be perused. Prima facie Attract the commission of the offense of fraud under the Indian Penal Code (IPC).
The High Court in an order passed on November 1 said, “Even not disclosing the existence of the offense on the basis of the entire complaint would be a ground for quashing the complaint as per the judgment of the Supreme Court.” ,
Petitioner Deepak Mehta, CEO of Mumbai-based Mehta Entertainment, initially approached a magistrate’s court in New Delhi with a criminal complaint against the Oberoi family and his company, seeking summons against them.
The complaint was dismissed. The dismissal was challenged before a revisional court and then before the High Court.
Dismissing the petition, the High Court said, “This Court does not find any justification to interfere with the orders passed by the Courts below in exercise of its powers under Section 482 of the CrPC (Code of Criminal Procedure).” “Accordingly, the petition is forthwith dismissed,” it said.
As per the complaint, the petitioner was running an event management business in different parts of the United States of America and was organizing shows of celebrities/cine stars and film actors.
According to the petition, in January 2003, the complainant was introduced to Oberoi and Suresh Oberoi asked him to organize some shows for his son Vivek in USA and Canada in August and September that year.
It alleged that the deal to host the show was completed and Vivek’s consent was obtained and it was agreed that the shows would be held in August or September 2003, for which $3,00,000 was to be paid to the actor. .
The petition alleged, “The complainant further stated that he remitted the said amount to the bank account of respondent No. 1 (Yashi Entertainment). The complainant organized the show but respondent No. 5 (Vivek Oberoi) did not come.”
It said that efforts were made to resolve the issue but that failed and the complainant’s money was not refunded.