Filmmaker Rajkumar Santoshi was handed a two-year prison sentence and fined ₹20 lakhs by a Jamnagar court on Saturday in connection with a case involving dishonored checks.
Additional Chief Judicial Magistrate Vishal Jagdishkumar Gadhavi noted that Rajkumar Santoshi had not successfully contested the presumption favoring the holder of the cheque, as stipulated under Section 139 of the Negotiable Instruments (NI) Act.
According to a complaint filed by Ashok Haridasbhai Lal, represented by his power of attorney (POA) holder, a check worth ₹10 lakhs issued by Santoshi was returned by the bank due to a discrepancy in the drawer's signature.
Advocate KD Bhatt, representing the complainant, informed the Court that despite the service of a legal notice, Santoshi had neglected to settle a lawful debt, leading to the filing of the complaint.
Santoshi contended that the complaint was baseless, asserting that no cheque had been issued for a legal debt. He claimed that the unsigned cheque was provided as security for a transaction that had already been resolved. Additionally, Santoshi alleged that the date on the cheque had been tampered with, changing it from December 1, 2016, to December 7, 2016. He presented a photocopy of the cheque as evidence before it was handed over to the complainant.
The Court observed that although Santoshi claimed the transaction for which the cheque served as security was finalized, he failed to provide evidence supporting this assertion. This statement led the Court to infer that transactions indeed occurred between the complainant and Santoshi, warranting the issuance of the cheque.
Upon reviewing the documents and evidence presented, the Court determined that the complainant had effectively demonstrated the issuance of the cheque. Additionally, the Court noted the inconsistency in Santoshi's argument: while he denied signing the cheque, he had produced a photocopy with his signature.
Consequently, the Court concluded that Santoshi had not successfully challenged the presumption outlined in section 139 of the Negotiable Instruments Act. As a result, it sentenced Santoshi to two years of imprisonment and ordered him to pay ₹20 lakhs as compensation to the complainant.
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