Relief To Gautam Gambhir: Delhi High Court Stays Trial Court Order Overturning His Discharge In Cheating Case

The Delhi High Court on Monday stayed a trial court order which directed fresh investigation into the alleged role of former cricketer and current head coach of the Indian cricket team Gautam Gambhir in a cheating case concerning flat buyers.

Justice Manoj Kumar Ohri stayed the order passed by Rouse Avenue Courts on October 29 overturning the discharge of Gambhir and several others in the matter.

The Court said that it will pass a detailed order in the matter and proceeded to stay the trial court order in the meantime.

The complaints alleged that three companies - M/S Rudra Buildwell Realty Pvt. Ltd, M/S H R Infracity Pvt Ltd and M/S U M Architectures and Contractors Ltd- jointly promoted as well as advertised a housing project by the name 'Serra Bella' in July-August 2011, and that Gautam Gambhir invited buyers for the same.

They alleged that they were lured to invest in the project through advertisements and the project brochure. It was further alleged that even after purported fulfillment of preliminary obligations by them in the form of payments, no infrastructural or other development of significance was made on the plot in question.

Gambhir filed the plea challenging the special judge's order which remanded the matter back to the magisterial court to pass a detailed fresh order on the charge, specifying the allegations against each accused persons with respect to the particular offence or provision.

The trial court had also asked the Enforcement Directorate to examine the allegations from the perspective of money laundering and file a status report.

The special judge, in the impugned order, said that the reasons recorded in the order passed by the ACMM while discharging Gambhir and others were not only bare but also a general reproduction of the allegations of the prosecution.

“The impugned order reflects inadequate expression of mind in deciding the allegations against Gautam Gambhir. The allegations also merit further investigation into the role of Gautam Gambhir,” the impugned order stated.

Title: Gautam Gambhir v. State 

Citation: 2024 LiveLaw (Del) 1248