Delhi's Patiala House Court summons against veteran Bollywood actor Dharmendra and two others in a cheating case related to Garam Dharam Dhaba franchise.
The summons was issued based on a complaint filed by Delhi businessman Sushil Kumar, who alleged that he was lured into investing in the franchise.
In the summoning order passed on December 5, Judicial Magistrate (First Class) Yashdeep Chahal said, “The evidence on record prima facie indicates that the accused persons induced the complainant in furtherance of their common intent and the ingredients of offence of cheating are duly disclosed.”
Accordingly, actor Dharmendra Deol and two others were summoned for the commission of offences under section 420 (Cheating), 120B (Criminal conspiracy) read with section 34 (criminal act committed by several persons in furtherance of the common intention of all) of Indian Penal Code (IPC).
The other two accused have also been summoned for the offence of criminal intimidation under section 506 of IPC.
The matter has been listed for further hearing on February 20, 2025.
The court said that it is fairly settled that at the stage of summoning, the court is required to examine a prima facie case and meticulous examination of the merits and demerits of the case is not warranted.
The documents on record pertain to Garam Dharam Dhaba and the letter of intent also bears the logo of the restaurant, the court noted, adding that it was fairly apparent that the transaction between the parties pertains to Garam Dharam Dhaba and was being pursued by the co-accused on behalf of accused Dharam Singh Deol alias Dharmendra.
On October 9, 2020, the court dismissed an application seeking a direction to register an FIR. However, the court had taken cognizance of the complaint and directed the complainant to produce evidence.
In April 2018, Sushil Kumar was approached by co-accused persons on behalf of Dharam, offering a franchise of "Garam Dharam Dhaba" on NH-24/NH-9, Uttar Pradesh.
He was assured that the existing outlets at Connaught Place (Delhi) and Murthal (Haryana) generated monthly turnovers of ₹70-80 lakh. On this basis, he was promised a 7% profit on his investment of ₹41 lakh, along with full support for setting up the franchise.
Subsequently, Kumar was asked to invest ₹63 lakh plus tax and arrange land for the franchise. On September 22, 2018, a letter of intent was executed between Kumar, his associates, and the co-accused, requiring a payment of ₹63 lakh by January 31, 2019.
That same day, Kumar handed over a cheque for ₹17.70 lakh, which the respondents encashed. On November 2, 2018, Kumar and his associates purchased land near Gajraula, Amroha, for the business.
Despite repeated requests for work to begin, the respondents neither inspected the site nor responded to Kumar’s communications. Allegedly, they also threatened him with dire consequences if he attempted to contact them again.
The police inquiry confirmed the execution of the letter of intent but stated the case was a civil dispute related to a breach of contract.
The police noted that Kumar no longer wanted the franchise and instead sought a refund of his investment. As no cognizable offence was found, the police concluded that no action was required.
(With ANI inputs)
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