The Delhi High Court has dismissed a plea to summon actor Vivek Oberoi, his father, Suresh Oberoi, and their Delhi-based firm Yashi Multimedia Pvt Ltd for alleged cheating of an entertainment company in 2003.
Justice Purushaindra Kumar Kaurav said he was disallowing the relief not only on the ground that the petitioner has resorted to civil remedies but also because the court found that perusal of the entire complaint would not prima facie attract commission of the offence of cheating under the Indian Penal Code.
Petitioner Deepak Mehta, CEO of Mumbai’s Mehta Entertainment, initially approached a magisterial court in New Delhi with a criminal complaint againstthe actor’s family and their company, seeking issuance of summons againstthem.The complaint was dismissed. The dismissal was challenged before a revisional court and thereafter the High Court.
Dismissing the petition,the High Court said, “This court findsno justificationto interfere with the order passed by the courts below in exercise of its powers under section 482 of the Code of Criminal Procedure.” As per the complaint, the petitioner was running an event management business and organising shows of celebrities/cine stars in various parts of the USA.
According to the plea, in January 2003, the complainant was introduced to the Oberois and Mr Suresh Oberoi askedhimto organise some shows for his son in the USA and Canada. It alleged that the deal was completed and the actor’s consent was obtained to organise the shows in August or September 2003 for which $3,00,000 were to be paid to the actor.
“The complainant said that he remitted the aforesaid amount in the bank account of respondent No. 1 (Yashi Entertainment), but respondent No. 5 (Vivek Oberoi) did not turn up,” the plea alleged. It said efforts were made to resolve the issue but failed and the complainant’s money was not returned.
