Mumbai: An Andheri magistrate court recently convicted and sentenced filmmaker Ram Gopal Varma to three months of simple imprisonment in a 2018 cheque bouncing case, observing that he was given “sufficient opportunity” to make the payment. Varma was not present in court when Magistrate Y P Pujari convicted him on Jan 21, and issued a non-bailable warrant against him to ensure he surrenders.
Varma then filed an application before the Dindoshi sessions court for bail to challenge the judgment and seek suspension of the sentence given by the subordinate court. On Thursday, Feb 13, the sessions court sought a reply from the other side and adjourned his plea to March 4 for a hearing.
The Andheri court’s reasoned judgment was made available on Friday. The court, after hearing advocates Rajesh Patel for the complainant and D H Sharma for Varma, held that the punishment was required to “deter the human tendency to hand over a cheque without intending to honour” it.
The magistrate also directed him to compensate the complainant with Rs 3,72,219 in three months, and in default, suffer three months’ simple imprisonment.
The case against Varma under the Negotiable Instruments (NI) Act alleged dishonour of a cheque of Rs 2.38 lakh, dated June 1, 2018, in Mumbai. When the money was not paid within the legally stipulated period, the complainant, a firm, filed the complaint against the filmmaker. Varma’s defence was that the cheque was not issued by him, the complaint did not show that any articles were delivered to him, the cheque was issued without his knowledge, and not for any legally enforceable debt.
A trial ensued. The magistrate, at the end of the trial, held that the filmmaker “utterly failed to rebut the presumption (of liability) raised under… the Act”.
The judgment noted that the cheque was dishonoured on Sept 4, 2018, for the reason of ‘payment stopped by drawer’. While Varma was not present when the verdict was pronounced, the court noted that since the case was of 2018, it was improper to wait further, and it was not illegal to pass the judgment in the absence of the accused. The magistrate reasoned that coupling the law and the guidelines for early disposal of old cases, it was “just and proper” to pass the conviction judgment in Varma’s absence where “the accused is bent upon to cause delay rather than exercising his rights for defence”.
But noting that the NI Act is meant to enhance the credibility of cheques, and since Varma has no criminal antecedents, the court said a three months’ simple imprisonment was proper. “After considering said circumstances, amount of cheques, nature and manner of the offence, in my opinion, sentence to suffer simple imprisonment for three months will be proper and justified,” said the order.
Mumbai: An Andheri magistrate court recently convicted and sentenced filmmaker Ram Gopal Varma to three months of simple imprisonment in a 2018 cheque bouncing case, observing that he was given “sufficient opportunity” to make the payment. Varma was not present in court when Magistrate Y P Pujari convicted him on Jan 21, and issued a non-bailable warrant against him to ensure he surrenders.
Varma then filed an application before the Dindoshi sessions court for bail to challenge the judgment and seek suspension of the sentence given by the subordinate court. On Thursday, Feb 13, the sessions court sought a reply from the other side and adjourned his plea to March 4 for a hearing.
The Andheri court’s reasoned judgment was made available on Friday. The court, after hearing advocates Rajesh Patel for the complainant and D H Sharma for Varma, held that the punishment was required to “deter the human tendency to hand over a cheque without intending to honour” it.
The magistrate also directed him to compensate the complainant with Rs 3,72,219 in three months, and in default, suffer three months’ simple imprisonment.
The case against Varma under the Negotiable Instruments (NI) Act alleged dishonour of a cheque of Rs 2.38 lakh, dated June 1, 2018, in Mumbai. When the money was not paid within the legally stipulated period, the complainant, a firm, filed the complaint against the filmmaker. Varma’s defence was that the cheque was not issued by him, the complaint did not show that any articles were delivered to him, the cheque was issued without his knowledge, and not for any legally enforceable debt.
A trial ensued. The magistrate, at the end of the trial, held that the filmmaker “utterly failed to rebut the presumption (of liability) raised under… the Act”.
The judgment noted that the cheque was dishonoured on Sept 4, 2018, for the reason of ‘payment stopped by drawer’. While Varma was not present when the verdict was pronounced, the court noted that since the case was of 2018, it was improper to wait further, and it was not illegal to pass the judgment in the absence of the accused. The magistrate reasoned that coupling the law and the guidelines for early disposal of old cases, it was “just and proper” to pass the conviction judgment in Varma’s absence where “the accused is bent upon to cause delay rather than exercising his rights for defence”.
But noting that the NI Act is meant to enhance the credibility of cheques, and since Varma has no criminal antecedents, the court said a three months’ simple imprisonment was proper. “After considering said circumstances, amount of cheques, nature and manner of the offence, in my opinion, sentence to suffer simple imprisonment for three months will be proper and justified,” said the order.