The Delhi High Court recently provided interim relief to Gautam Gambhir in a cheating case filed by homebuyers against three real estate firms.

The appellate court, while remanding the matter back to the trial court, highlighted that Gambhir was the sole individual from Rudra Buildwell Realty Pvt. Ltd. who directly interacted with investors, warranting further investigation due to his role as a Member of Parliament (MP).

Justice Manoj Kumar Ohri, presiding over the bench, ordered that the impugned order concerning the petitioner shall remain stayed until the next hearing. The trial court was directed to issue a new, detailed order with specific findings regarding each accused. The special judge emphasized that if necessary, additional investigation should be carried out to ensure thorough scrutiny during the charge stage.

Senior Advocate Mukul Rohatgi, representing Gambhir, argued that the case stemmed from an FIR registered under Sections 406, 420, and 34 of the Indian Penal Code at the Economic Offences Wing police station. He contended that the allegations against Gambhir were limited to his role as an Additional Director at M/s Rudra Buildwell Realty Pvt. Ltd. from June 29, 2011, to October 1, 2013.

Rohatgi emphasized that Gambhir did not attend board meetings during his tenure and was a victim who had lent ₹6 crores to the company, of which he had recovered ₹4.85 crores over five years in installments.

Rohatgi further argued that the Sessions Court had failed to appreciate the facts, particularly that Gambhir acted solely as a lender, not in an executive or operational capacity. He pointed out that the chargesheet acknowledged the ₹4.85 crores as repayment of a loan Gambhir had extended to the company. The trial court's remarks noted that Gambhir's role as an Additional Director and brand ambassador was insufficient to establish criminal liability.

After considering the arguments, the Delhi High Court directed that the impugned order against Gambhir be stayed until the next hearing. The case has been scheduled for further proceedings on January 31, 2025.

For the petitioner: Senior Advocates Mukul Rohatgi and Sandeep Sethi, with Advocates Paritosh Budriraja, Pawan Gulati, Divya, Larika, Akash, Sumer, and Ria.  
For the respondent: Additional Public Prosecutor Laksh Khanna, with Advocates Hariom and Prashant Ghai.  
Case Title: Gautam Gambhir v. State (CRL.M.C. 8952/2024).