- 1 – Neutral Citation Number 2022/DHC/004663

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IN THE HIGH COURT OF DELHI AT NEW DELHI

BEFORE

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

+

CRL.M.C. 2814/2012

Between:-

DEEPAK MEHTA

CEO, MEHTA ENTERTAINMENT

2499, THE INDUSTRIAL PARKWAY

HAYWARD, CA-94545, USA

THRU SPECIAL ATTORNEY

SHRI DUSHYANT TYAGI

S/O SHRI RAJ PAL TYAGI .

R/O A-45, HAUZ KHAS, NEW DELHI-16

.....PETITIONER

AND

1.

YASHI MULTIMEDIA PVT. LTD

HAVING ITS REGISTERED OFFICE AT

K-1, KAILASH COLONY, NEW DELHI-48

ALSO AT: 5 KARTAR KUNJ

GOLDEN BEACH SOCIETY

UIA PARK, JUHU, MUMBAI-400049

2. SHRI SURESH MOHAN OBEROI @ SURESH

OBEROI

K-1, KAILASH COLONY, NEW DELHI-48

ALSO AT: 5 KARTAR KUNJ

GOLDEN BEACH SOCIETY

UIA PARK, JUHU, MUMBAI-400049

3.

SMT. YASHODHARA OBEROI

4. MS. MEGHA OBEROI

Digitally Signed

By:PRATIMA

Signing Date:04.11.2022

16:51:41

Signature Not Verified

- 2 – Neutral Citation Number 2022/DHC/004663

5. MR. VIVEK OBEROI

RESPONDENT NOS. 3-5 RESIDENTS OF:

5 KARTAR KUNJ

GOLDEN BEACH SOCIETY

RUIA PARK, JUHU, MUMBAI-49

……..RESPONDENTS

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Pronounced on

:

01.11.2022

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J U D G M E N T

1.

This petition under Section 482 of the Code of Criminal

Procedure, 1973 (Cr.P.C.) is directed against the order dated

30.09.2011 passed by the learned Additional Sessions Judge, Saket

Courts, New Delhi, in Criminal Revision No. 58/2011, whereby, order

dated 06.05.2011, passed by the learned Metropolitan Magistrate-03,

(South), Saket Courts, in Criminal Complaint case No. 27334/2010

dismissing the complaint at the stage of issuing of summons, has been

affirmed.

2. The brief facts of the case are that the petitioner filed a

complaint under Section 200 of the Cr.P.C. for the offence punishable

under Section 420 read with Section 120-B of the Indian Penal Code,

1860 (IPC) before the Court of learned MM (South), Saket Courts,

Delhi. As per the complaint, the petitioner was carrying a business of

event management and was organizing shows of celebrities/cine stars,

film actors etc. in different parts of the United States of America.

Respondent No.1 is a Private Limited Company and respondent Nos.2

to 4 are the Directors of Respondent No.1. Respondent No.5 is a cine

Digitally Signed

By:PRATIMA

Signing Date:04.11.2022

16:51:41

Signature Not Verified

- 3 – Neutral Citation Number 2022/DHC/004663

star/film actor and is the son of respondent No.2 & 3 and brother of

respondent No.4. According to the complaint, the respondent No.5

being a film actor had authorized the other respondents to deal on his

behalf for his live shows in India as well as abroad and the other

respondents were receiving the payments on behalf of respondent

No.5. It is further stated that in January, 2003, respondent Nos.2 to 5

were introduced to the complainant by one Mr. Farhath Hussain. In

January, 2003, the complainant met respondent No.2 in Delhi, who

requested the complainant to organize some shows of respondent No.5

in U.S.A. and Canada in the month of August and September, 2003.

The deal for organizing the show was completed and the letter of

confirmation dated 29.01.2003 by respondent No.1 duly signed by

respondent No.2 was issued. The consent of respondent No.5 was also

obtained and it was agreed that the show would be organized in the

month of August & September, 2003 in different parts of U.S.A. and

respondent No.5 would be paid a sum of $3,00,000/-. The complainant

further stated that he remitted the aforesaid amount in the bank

account of respondent No.1. The complainant organized the shows but

respondent No.5 did not turn up. Accordingly, efforts were made to

resolve the issue but the same failed. A letter was written on

07.01.2006 by the co