The direction came from the court of judicial magistrate Yashdeep Chahal on a complaint by Delhi-based entrepreneur Sushil Kumar, who alleged that he was fraudulently enticed to invest substantial money in a franchise of the Garam Dharam Dhaba, but after he paid a sum of money the accused stopped responding to him.
“The evidence on record, prima facie, indicates that the accused persons induced the complainant in furtherance of their common intent and the ingredients of the offence of cheating are duly disclosed,” the court said in the order passed on Dec 5.
The court instructed all three to appear before it on Feb 20 and that there was a prima facie case of cheating and criminal conspiracy.
“Accordingly, let the accused persons at serial number 1 (Dharam Singh Deol), 2 and 3 be summoned for the commission of offences under Sections 420, 120B read with Section 34 IPC. Let the accused persons at serial no. 2 and 3 be also summoned for the offence of criminal intimidation under Section 506 of IPC,” the court said.
The court noted that the documents on record pertained to the Garam Dharam Dhaba and the letter of intent also had the logo of the restaurant. “It is fairly apparent that the transaction between the parties pertains to the Garam Dharam Dhaba and was being pursued by the co-accused on behalf of accused Dharam Singh Deol,” said the court.
On Oct 9, 2020, the court dismissed an application seeking a direction for registration of an FIR. However, the court took cognizance of the complaint and directed the complainant to produce evidence.
According to Sushil Kumar, in April 2018, the co-accused approached him on behalf of Dharmendra with an offer to open a franchise of the dhaba on NH-24/NH-9 in Uttar Pradesh.
He claimed that he handed over a cheque for an amount of Rs 17.7 lakh in Sept 2018. However, the accused stopped responding to him after that, Kumar said.
He alleged that the accused had claimed the branches of the restaurant at Delhi’s Connaught Place and Haryana’s Murthal generated a monthly turnover of Rs 70-80 lakh.
The complainant was promised that he would have to invest Rs 41 lakh against an assurance of a 7% profit on his investment. Kumar was also promised that he would get complete assistance for setting up the franchise.
Earlier, an action-taken report was called from the Connaught Place police station based on the complaint. According to this report, an inquiry was conducted and the respondent co-accused was examined. He admitted that a letter of intent dated Sept 22, 2018, was executed between them and the complainant and his business associates, which was valid till Jan 31, 2019, but they were ready to give the franchise of Garam Dharam Dhaba to the complainant as per the terms and conditions of the letter of intent.
The police stated that the complainant was also contacted by telephone, but he had stated that he did not want any franchise but wanted his money back from the respondents.
New Delhi: A Delhi court has summoned actor Dharmendra (89) and two associates in a cheating case associated with a dhaba in the one-time star’s name.
The direction came from the court of judicial magistrate Yashdeep Chahal on a complaint by Delhi-based entrepreneur Sushil Kumar, who alleged that he was fraudulently enticed to invest substantial money in a franchise of the Garam Dharam Dhaba, but after he paid a sum of money the accused stopped responding to him.
“The evidence on record, prima facie, indicates that the accused persons induced the complainant in furtherance of their common intent and the ingredients of the offence of cheating are duly disclosed,” the court said in the order passed on Dec 5.
The court instructed all three to appear before it on Feb 20 and that there was a prima facie case of cheating and criminal conspiracy.
“Accordingly, let the accused persons at serial number 1 (Dharam Singh Deol), 2 and 3 be summoned for the commission of offences under Sections 420, 120B read with Section 34 IPC. Let the accused persons at serial no. 2 and 3 be also summoned for the offence of criminal intimidation under Section 506 of IPC,” the court said.
The court noted that the documents on record pertained to the Garam Dharam Dhaba and the letter of intent also had the logo of the restaurant. “It is fairly apparent that the transaction between the parties pertains to the Garam Dharam Dhaba and was being pursued by the co-accused on behalf of accused Dharam Singh Deol,” said the court.
On Oct 9, 2020, the court dismissed an application seeking a direction for registration of an FIR. However, the court took cognizance of the complaint and directed the complainant to produce evidence.
According to Sushil Kumar, in April 2018, the co-accused approached him on behalf of Dharmendra with an offer to open a franchise of the dhaba on NH-24/NH-9 in Uttar Pradesh.
He claimed that he handed over a cheque for an amount of Rs 17.7 lakh in Sept 2018. However, the accused stopped responding to him after that, Kumar said.
He alleged that the accused had claimed the branches of the restaurant at Delhi’s Connaught Place and Haryana’s Murthal generated a monthly turnover of Rs 70-80 lakh.
The complainant was promised that he would have to invest Rs 41 lakh against an assurance of a 7% profit on his investment. Kumar was also promised that he would get complete assistance for setting up the franchise.
Earlier, an action-taken report was called from the Connaught Place police station based on the complaint. According to this report, an inquiry was conducted and the respondent co-accused was examined. He admitted that a letter of intent dated Sept 22, 2018, was executed between them and the complainant and his business associates, which was valid till Jan 31, 2019, but they were ready to give the franchise of Garam Dharam Dhaba to the complainant as per the terms and conditions of the letter of intent.
The police stated that the complainant was also contacted by telephone, but he had stated that he did not want any franchise but wanted his money back from the respondents.