Delhi HC stays trial court order setting aside Gautam Gambhir's discharge in cheating case
Delhi High Court Stays Trial Court Order Against Gautam Gambhir
The Delhi High Court has provided relief to India's head coach and former cricketer, Gautam Gambhir, by staying a trial court order that had set aside his discharge in a cheating case involving home buyers. Justice Manoj Kumar Ohri announced that a detailed order would be passed, and the stay would continue until then.
Background of the Case
Gautam Gambhir, who was a brand ambassador for a real estate project, was previously discharged by a magistrate court. However, a session court overturned this decision, prompting Gambhir to challenge the order in the Delhi High Court. Senior advocates Mukul Rohtagi and Sandeep Sethi, along with Advocate Paritosh Budhiraja, represented Gambhir, emphasizing his unblemished record.
Details of the Allegations
The case involves allegations of cheating amounting to Rs 3.5 crores, related to a real estate project initially named 'Serra Bella' and later 'Pavo Real' in Ghaziabad, UP. The project was promoted by companies M/S Rudra Buildwell Realty Pvt. Ltd and M/S H R Infracity Pvt Ltd, with Gambhir as the brand ambassador. Complainants alleged they were lured into investing in the project, which was embroiled in litigation over land possession.
Legal Proceedings
The Rouse Avenue court had previously set aside the discharge order, citing the need for further investigation into the alleged proceeds of crime. The Special Court directed a fresh order on charges, highlighting the potential connection to money laundering under the Prevention of Money Laundering Act, 2002.
The investigation was deemed inadequate, with a lack of information sharing with other agencies. The complaint was initially filed by SK Shukla and 16 others in 2015, naming Gambhir and the involved companies.
Doubts Revealed
Delhi High Court
The Delhi High Court is a big court in India's capital, Delhi. It makes important legal decisions and can change or stop decisions made by smaller courts.
Trial Court
A trial court is where a case is first heard. It listens to the facts and decides if someone did something wrong or not.
Gautam Gambhir
Gautam Gambhir is a famous Indian cricketer who played for the Indian national team. He is now involved in other activities, including being a brand ambassador.
Cheating Case
A cheating case is when someone is accused of tricking or deceiving others to gain something, like money.
Home Buyers
Home buyers are people who are purchasing houses or apartments to live in or as an investment.
Brand Ambassador
A brand ambassador is a person who represents and promotes a company's products or services to help sell them.
Magistrate Court
A magistrate court is a lower court where minor legal cases are heard and decided.
Session Court
A session court is a higher court than a magistrate court. It can review and change decisions made by magistrate courts.
Rs 3.5 crores
Rs 3.5 crores is a large amount of money in Indian currency, equal to 35 million rupees.
Ghaziabad
Ghaziabad is a city in the Indian state of Uttar Pradesh, near Delhi. It is known for its industries and residential areas.
Money Laundering
Money laundering is when people try to hide where money came from, especially if it was earned illegally, to make it look like it was earned legally.
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