Mumbai: A court here has upheld the dismissal of a cheating complaint against Hindi film actor Sunny Leone and her husband, saying no such case was made out against them and the dispute was a mere breach of a commercial contract.
Additional Sessions Judge (Dindoshi court) P A Sane dismissed a criminal revision application filed by complainant Omprakash Shreenarayan Lal Jain, who accused the couple and their manager of cheating him.
According to the complainant, he had facilitated a role for Leone in a Telugu film. He alleged that the parties agreed to pay him a percentage-based incentive out of a total consideration of Rs 1.75 crore.
Jain claimed that while he received partial payments, the accused failed to clear an outstanding sum and his due commission.
Jain had challenged an October 10, 2024 order passed by the Judicial Magistrate First Class in Andheri, which rejected his complaint filed under sections 406 (criminal breach of trust), 420 (cheating), and 506(II) (criminal intimidation) of the Indian Penal Code (IPC).
He contended that the magistrate court “unlawfully rejected the complaint without applying proper mind”.
However, rejecting the plea, the Sessions Judge noted that the documents placed on record, including tax invoices and settlement communications, indicated the dispute was rooted purely in a commercial transaction.
“It is alleged that the parties entered into a contract and there is nothing but a mere breach of contract. There is no material to demonstrate that ingredients of section 405 or section 506 (II) of the IPC are worked out,” the court said.
The court further pointed out that the complainant had failed to lead evidence or establish the essential ingredients of cheating or criminal breach of trust.
Finding no illegality, material irregularity, or perversity in the magistrate court’s original decision, the judge dismissed the revision application.
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