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The Patiala Home Court docket in Delhi has not too long ago issued summons in opposition to veteran Bollywood actor Dharmendra and two others in a dishonest case associated to the ‘Garam Dharam Dhaba’ franchise.
The summon, issued by Judicial Justice of the Peace (First Class) Yashdeep Chahal, is predicated on a grievance filed by Delhi businessman Sushil Kumar who alleged that he was lured into investing within the franchise.
“The proof on document prima facie signifies that the accused individuals induced the complainant in furtherance of their widespread intent and the components of offence of dishonest are duly disclosed,” the choose stated within the summoning order handed on December 5.
“Accordingly, let the accused individuals at serial #1 (Dharam Singh Deol), 2 and three be summoned for the fee of offences beneath part 420, 120B learn with part 34 IPC. Let the accused individuals at serial no. 2 and three be additionally summoned for the offence of felony intimidation beneath part 506 of IPC,” the court docket ordered.
The matter has been listed for additional listening to on February 20, 2025.
The Court docket stated that it’s pretty settled that on the stage of summoning, the court docket is required to look at a prima facie case and meticulous examination of the deserves and demerits of the case shouldn’t be warranted.
The paperwork on document pertain to Garam Dharam Dhaba and the letter of intent additionally bears the brand of the stated restaurant, the court docket famous, including that it was pretty obvious that the transaction between the events pertains to Garam Dharam Dhaba and was being pursued by the co-accused on behalf of accused Dharam Singh Deol.
On October 9, 2020, the court docket dismissed an software searching for a course for registration of FIR. Nonetheless, the court docket had taken cognizance of the grievance and directed the complainant to provide proof.
Advocate DD Pandey appeared for the complainant Sushil Kumar. The case of complainant Sushil Kumar is that within the month of April 2018, co-accused had approached him on behalf of Dharam with a suggestion to open a franchise of Garam Dharma Dhaba on NH-24/NH-9, Uttar Pradesh.
The complainant was allegedly lured to put money into the franchise on the pretext that the branches of stated restaurant at Delhi’s Connaught Place and Haryana’s Murthal have been producing a month-to-month turnover of roughly ₹70 to 80 Lakh. The complainant was promised that he must make investments a sum of ₹41 lakh in opposition to an assurance of a seven per cent revenue on his funding. The complainant was additionally promised that he can be getting full help for establishing the franchise in Uttar Pradesh.
It was acknowledged that varied e-mails have been exchanged and conferences have been held between the complainant and co-accused on this regard. A gathering was additionally held between the complainant, his enterprise associates and the co-accused on the department workplace of “Garam Dharam Dhaba” at Connaught Place.
It’s alleged that one of many co-accused requested the complainant to take a position a sum of ₹63 lakhs plus tax and to rearrange land for the stated enterprise and accordingly, a letter of intent dated September 22, 2018, was executed between the complainant, his enterprise associates, co-accused individuals. As per the letter, the complainant and his enterprise associates needed to pay a sum of ₹63 lakhs as much as January 31, 2019, to get the enterprise franchise.
Thereafter, a cheque for an quantity of ₹17.70 lacs dated September 22, 2018, was handed over by the complainant to the co-accused and the identical was encashed within the account of the respondents.
It’s acknowledged that in furtherance of the settlement between them, the land was additionally bought on November 2, 2018, by the complainant and his enterprise associates on the Freeway close to Gajraula, District Amroha, UP. Later, they approached respondent quantity 2 to begin speedy work to run the enterprise as early as attainable, however so far, neither of the respondents inspected the stated bought land nor did they meet the complainant.
It was additionally acknowledged that regardless of repeated makes an attempt made by the complainant to satisfy the respondents, he didn’t obtain any response which led him and his enterprise associates have been cheated by the respondents and have suffered a loss.
It’s additional alleged that the complainant was relatively threatened with dire penalties if he tried to contact them once more.
Earlier, an motion taken report was known as from the Connaught Place police station primarily based on the grievance. In keeping with this, an inquiry was performed upon the grievance and the respondent co-accused was examined, who admitted {that a} letter of intent dated September 22, 2018, was executed between them and the complainant and his enterprise associates, which was legitimate for January 31, 2019, however they’re prepared to provide the franchise of “Garam Dharam Dhaba” to the complainant as per the phrases and situations of the stated letter of intent.
The police had acknowledged that the complainant was additionally contacted telephonically, however he acknowledged that now, he didn’t need any franchise, however he wished his a refund from the respondents.
The police had stated that as per the contents of the grievance, paperwork and inquiry so performed, the matter is expounded to breach of contract, which is solely civil in nature. No cognizable offence is made out, subsequently, no police motion is required within the matter, the police had stated.
