Today, On 18th November, The Delhi High Court granted relief to former cricketer and BJP MP Gautam Gambhir in a cheating case linked to a housing project. Gambhir had approached the High Court challenging a sessions court’s decision that overturned a trial court’s order discharging him from the case. The allegations stemmed from claims of irregularities in the housing project promoted by a company he was associated with.
New Delhi: The Delhi High Court temporarily stayed a sessions court decision that reinstated a cheating case against Indian cricket team coach Gautam Gambhir.
Gambhir approached the High Court after the sessions court set-aside a trial court ruling that had previously discharged him from the case.
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Justice Manoj Kumar Ohri stated,
“I will pass the order. In the meantime, the impugned order against the petitioner shall remain stayed. I will issue a detailed order.”
The case involves three companies Rudra Buildwell Realty, HR Infracity, and UM Architectures and Contractors which together promoted and advertised a housing project called ‘Serra Bella’ in 2011.
Gambhir, who served as an additional director at Rudra, was also the brand ambassador for the project. Homebuyers filed a cheating case after noticing a lack of progress on the project and discovering that the land was embroiled in litigation.
In 2020, the trial court determined that there was a prima facie case only against three individuals and two companies, discharging the other accused, including Gambhir.
This decision was later challenged in the sessions court through three revision petitions.
On October 29, the sessions court criticized the trial court’s discharge of Gambhir as an “inadequate expression of mind,” prompting it to set aside the earlier order and direct a fresh ruling on the charges against him.
Additionally, the sessions court noted that since cheating is a scheduled offense under the Prevention of Money Laundering Act (PMLA), the Enforcement Directorate (ED) may need to investigate the allegations and submit a status report.
In the High Court, Gambhir’s counsel, Senior Advocate Mukul Rohatgi, argued that Gambhir had no direct dealings as Rudra’s additional director and that further investigations would only lead to harassment.
Rohatgi stated,
“I have had an unblemished record. It is normal to be a brand ambassador. The icing on the cake is an ED order. This is complete harassment,”
Senior Advocate Sandeep Sethi also represented Gambhir in the proceedings.
Gautam Gambhir, a former cricketer and current head coach of the Indian cricket team, faced allegations of cheating in connection with a housing project in Indirapuram, Ghaziabad.
In 2011, real estate companies Rudra Buildwell Realty Pvt. Ltd., H R Infracity Pvt. Ltd., and U M Architectures and Contractors Ltd. launched a housing project originally named ‘Serra Bella,’ later rebranded as ‘Pavo Real.’ Gambhir associated with the project as a brand ambassador and an additional director of the companies involved.
Several homebuyers claimed that despite booking flats and making payments, the project never materialized, causing them significant financial losses. Complaints were filed against the firms and Gambhir, accusing them of cheating and breach of trust.
In 2019, the Delhi Police submitted a supplementary charge sheet implicating Gambhir and others. While a trial court discharged Gambhir from the case, a sessions court overturned the decision, leading him to challenge it in the Delhi High Court.
Case Title: Gautam Gambhir v. State
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