Delhi High Court dismisses plea seeking summoning of actor Vivek Oberoi, family in alleged cheating complaint

The High Court 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.”

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 Private Limited for allegedly cheating 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 (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 High Court 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.

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 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).” “Accordingly, the instant petition is dismissed,” it said.