The Delhi High Court has dismissed a plea seeking summoning of 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.
According to a report of a 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 (IPC).
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.
Petitioner Deepak Mehta, CEO of Mumbai's Mehta Entertainment initially approached a magisterial court in New Delhi with a criminal complaint against the Oberoi family and their company, seeking issuance of summons against them.
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.