Delhi High Court dismissed a plea to summon Bollywood actor Vivek Oberoi and family. As per reports, Vivek, along with actor-father Suresh Oberoi and their Delhi-based firm Yashi Multimedia Pvt Ltd were facing allegations of cheating an entertainment company in 2003. Dismissing the petition, the high court said the complaint would not prima facie come under cheating, as per the Indian Penal Code (IPC). Vivek was accused of not turning up at shows organised in the US and Canada in August and September of 2003, despite allegedly being paid $3,00,000 for the same by the petitioner. Also read: Vivek Oberoi talks of ‘pain, disappointment’ as his and Prithviraj Sukumaran’s film Kaduva gets postponed
As per reports, petitioner Deepak Mehta, CEO of Mehta Entertainment had initially approached a magisterial court in Delhi with a criminal complaint against the Oberoi family and their company, seeking issuance of summons against them. The complaint was dismissed. The dismissal was reportedly challenged before a revisional court, and thereafter the Delhi High Court.
As per news agency PTI, 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. “Even non-disclosure of commission of offence on the basis of the entire complaint would be one of the grounds to quash the complaint as per the decision of the Supreme Court…,” the HC said in an order passed on November 1.
Dismissing the petition, the HC said, “This court finds no justification to interfere with the order passed by the courts below in exercise of its powers under Section 482 of the CrPC (Criminal Procedure Code).” It added, “Accordingly, the instant petition is dismissed.”
As per the complaint, the petitioner was organising shows of celebrities in different parts of the US. According to the plea, in January 2003, the complainant was introduced to the Oberois and Suresh Oberoi asked him to organise some shows for his son Vivek in the US and Canada in August and September that year.
It alleged that the deal for organising the shows was completed and Vivek’s consent was obtained and it was agreed that the shows would be organised in August or September 2003 for which $3,00,000 were to be paid to the actor.
“The complainant further stated that he remitted the aforesaid amount in the bank account of respondent no.1 (Yashi Entertainment). The complainant organised the shows but respondent no.5 (Vivek Oberoi) did not turn up,” the plea alleged. It said efforts were made to resolve the issue but the same failed and the complainant’s money was not returned.
(With PTI inputs)