New Delhi:The Patiala House Court in Delhi has issued summons to veteran Bollywood actor Dharmendra and two others in a cheating case related to the 'Garam Dharam Dhaba' franchise. The next hearing of the case has been scheduled on February 20, 2025.
Judicial Magistrate (first class) Yashdeep Chahal issued the summons following a complaint lodged by Delhi businessman Sushil Kumar, who alleged that he was lured to invest in the franchise.
The order issued on December 5 stated, "The evidence prima facie indicates that the accused induced the complainant in furtherance of their common intent and the elements of the offence of cheating have been duly disclosed. Accused persons number 1 (Dharam Singh Deol), 2 and 3 are summoned for committing the crime under section 34 of the IPC along with sections 420 and 120B. Accused persons No. 2 and 3 are also summoned for the offence of criminal intimidation under Section 506 of IPC."
On October 9, 2020, the court had dismissed an application seeking direction to register an FIR. However, the court had taken cognizance of the complaint and directed the complainant to produce evidence.
What was the complaint?
Advocate DD Pandey had appeared for complainant Sushil Kumar. The complainant said that the co-accused approached him with a proposal to open a franchise of Garam Dharam Dhaba on NH-24/NH-9 in Uttar Pradesh in April 2018. He said that he was allegedly misled to invest in the franchise on the pretext that the branches of the said restaurant in Connaught Place, Delhi and Murthal, Haryana were doing a monthly turnover of about Rs 70 to 80 lakh.
The complainant was promised that he would get seven per cent profit on his investment. The complainant was also promised that he would get full assistance to set up the franchise in Uttar Pradesh. Several e-mails were exchanged between the complainant and the co-accused in this regard.
A meeting was also held between the complainant, his business associates and co-accused at the branch office of "Garam Dharam Dhaba" located at Connaught Place. It is alleged that one of the co-accused asked the complainant to invest Rs 63 lakh and arrange land for the said business. After which, a letter was signed between the complainant, his business associates, co-accused on September 22, 2018.
The complainant stated that he had to pay Rs 63 lakh by January 31, 2019 for the franchise of Garam Dharam Dhaba. Thereafter, a cheque for an amount of Rs 17.70 lakh 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.
As per the complaint, in furtherance of the agreement between them, land was also purchased on the highway near Gajraula, in Uttar Pradesh's Amroha district by the complainant and his business associates on November 2, 2018. Later, the complainant approached to start the work soon as possible but till date, neither the respondents inspected the said purchased land nor did they meet him, the complainant has alleged.
It is stated that despite repeated attempts made by the complainant to meet the respondents, he did not receive any response due to which he and his business associates have suffered losses. It is also alleged that the complainant was threatened with dire consequences if he tried to contact them again.
Earlier, an action taken report was sought from the Connaught Place police station based on the complaint. Accordingly, an inquiry was conducted and the respondent co-accused was questioned. The latter admitted that a letter of intent was signed between him, the complainant and his business associates on September 22, 2018, which was valid till January 31, 2019.
They said they were ready to give the franchise of "Garam Dharam Dhaba" to the complainant as per the terms of the said letter of intent. The complainant was also contacted over telephone, but he said that he did not want the franchise, the police had said.
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