The Patiala House Court in Delhi recently issued summons against veteran Bollywood actor Dharmendra and two others in a cheating case related to the ‘Garam Dharam Dhaba’ franchise. The summon, issued by Judicial Magistrate (First Class) Yashdeep Chahal, is based on a complaint filed by Delhi businessman Sushil Kumar who alleged that he was lured into investing in the franchise.
“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,” the judge said in the summoning order passed on December 5.
“Accordingly, let the accused persons at serial number 1 (Dharam Singh Deol), 2 and 3 be summoned for the commission of offences under section 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 ordered.
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 said 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.
On October 9, 2020, the court dismissed an application seeking a direction for registration of FIR. However, the court had taken cognizance of the complaint and directed the complainant to produce evidence.
Advocate DD Pandey appeared for the complainant Sushil Kumar.
The case of complainant Sushil Kumar is that in the month of April 2018, co-accused had approached him on behalf of Dharam with an offer to open a franchise of Garam Dharma Dhaba on NH-24/NH-9, Uttar Pradesh.
The complainant was allegedly lured to invest in the franchise on the pretext that the branches of said restaurant at Delhi’s Connaught Place and Haryana’s Murthal were generating a monthly turnover of approximately Rs 70 to 80 Lakh. The complainant was promised that he would have to invest a sum of Rs 41 lakh against an assurance of a seven per cent profit on his investment. The complainant was also promised that he would be getting complete assistance for setting up the franchise in Uttar Pradesh.
It was stated that various e-mails were exchanged and meetings were held between the complainant and co-accused in this regard. A meeting was also held between the complainant, his business associates and the co-accused at the branch office of “Garam Dharam Dhaba” at Connaught Place.
It is alleged that one of the co-accused asked the complainant to invest a sum of Rs 63 lakhs plus tax and to arrange land for the said business and accordingly, a letter of intent dated September 22, 2018, was executed between the complainant, his business associates, co-accused persons. As per the letter, the complainant and his business associates had to pay a sum of Rs 63 lakhs up to January 31, 2019, to get the business franchise.
Thereafter, a cheque for an amount of Rs 17.70 lacs dated September 22, 2018, was handed over by the complainant to the co-accused and the same was encashed in the account of the respondents.
It is stated that in furtherance of the agreement between them, the land was also purchased on November 2, 2018, by the complainant and his business associates at the Highway near Gajraula, District Amroha, UP. Later, they approached respondent number 2 to start speedy work to run the business as early as possible, but to date, neither of the respondents inspected the said purchased land nor did they meet the complainant.
It was also stated that despite repeated attempts made by the complainant to meet the respondents, he did not receive any response which led him and his business associates have been cheated by the respondents and have suffered a loss.
It is further alleged that the complainant was rather threatened with dire consequences if he attempted to contact them again.
Earlier, an action taken report was called from the Connaught Place police station based on the complaint. According to this, an inquiry was conducted upon the complaint 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 business associates, which was valid for January 31, 2019, but they are ready to give the franchise of “Garam Dharam Dhaba” to the complainant as per the terms and conditions of the said letter of intent.
The police had stated that the complainant was also contacted telephonically, but he stated that now, he did not want any franchise, but he wanted his money back from the respondents.
The police had said that as per the contents of the complaint, documents and inquiry so conducted, the matter is related to breach of contract, which is purely civil in nature. No cognizable offence is made out, therefore, no police action is required in the matter, the police had said.
