Court dismisses plea to summon Vivek Oberoi for alleged cheating

• A request to summon Bollywood actor Vivek Oberoi and his family was denied by the Delhi High Court.
• According to sources, Vivek, his actor father Suresh Oberoi, and their company Yashi Multimedia Pvt Ltd were accused of defrauding a media company in 2003.
• The high court denied the petition, stating that the complaint would not, on the surface, constitute cheating under the Indian Penal Code (IPC).

A request to summon Bollywood actor Vivek Oberoi and his family was denied by the Delhi High Court. According to sources, Vivek, his actor father Suresh Oberoi, and their Delhi-based company Yashi Multimedia Pvt Ltd were accused of defrauding a media company in 2003. The high court denied the petition, stating that the complaint would not, on the surface, constitute cheating under the Indian Penal Code (IPC). Vivek was charged with failing to appear at events scheduled in the US and Canada in August and September 2003, while reportedly receiving $3,000,000 from the petitioner for those events.

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According to reports, Mehta Entertainment CEO Deepak Mehta filed a criminal complaint against the Oberoi family and their business with a Delhi magistrate court and requested the issuance of summonses against them. The grievance was rejected. According to reports, the dismissal was contested first before a revisional court and then the Delhi High Court.

According to the news agency, justice Purushaindra Kumar Kaurav stated that he was denying the relief not only because the petitioner had used civil remedies, but also because the court determined that reading the entirety of the complaint would not, on the surface, indicate that the Indian Penal Code offence of cheating had been committed. “Even non-disclosure of commission of offense 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.”

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According to the lawsuit, the petitioner was planning celebrity performances around the US. The petition contends that after the complainant met the Oberois in January 2003, Suresh Oberoi asked him to arrange certain performances for his son Vivek in the US and Canada in August and September of that same year.

It was claimed that the agreement for organising the events had been reached, Vivek’s assent had been acquired, and it had been decided that the shows would be organised in August or September 2003 in exchange for the actor receiving $3,000,000.

“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. The complainant’s money was not returned despite attempts to resolve the matter, it was claimed.