New Delhi: Supreme Court Monday came down heavily on actor Rajpal Yadav for failing to honour his undertaking to deposit money towards the dues of a private firm in a long-running series of cheque-bounce cases.
On September 15, a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana gave the last opportunity of two weeks to the actor to come out with a concrete proposal to pay an outstanding amount to a private firm and directed him to deposit Rs 2 crore with the apex court registry.
On Monday, the court was critical of the fact that despite expiry of two-week time, no payment has been made till today, that is October 5.
“They (complainant) are not poor,” Yadav’s counsel said during the hearing.
Justice Bagchi got irked and said, “They may be richer than you, but they are poor to the extent you have swindled them. This arrogance needs to be put in its right place. You should know when to open your mouth. Your place is in jail”.
The bench directed that the payment should be made by Tuesday and listed the case for hearing Wednesday as the first case.
The bench said it could dismiss Yadav’s appeal but was reluctant to do so because it may jeopardise the complainant’s chances of recovering the money.
The bench noted that Yadav had been directed to make the payment by Monday but had failed to comply.
Yadav’s counsel produced a copy of a demand draft for Rs 50 lakh and submitted that the draft was being processed by the bank.
“Is this genuine or not? We don’t know,” the bench said.
When the counsel said that the demand draft was with the bank and was being processed, the complainant’s lawyer accused the actor of repeatedly failing to comply with court directions.
“He is a film actor. He is acting here also. He has no respect for the majesty of the institution,” senior advocate Ajit Sinha, the counsel for the complainant, said.
The complainant alleged that in 2013, Yadav tendered seven cheques of Rs 1.05 crore each towards settlement of financial assistance of Rs 5 crore to him for a film in 2010. The cheques were dishonoured, the firm further alleged.
According to the complainant, an agreement between the parties in 2012 stated that Yadav, his wife and their company had agreed to repay around Rs 11 crore, including interest.
The top court, September 15, had extended his exemption from surrendering till October 5.
“He is perfect at doing drama… Earlier orders of the court have not been complied with,” the bench had said, adding that Yadav’s conduct does not inspire confidence but a last opportunity will be granted to him.
Appearing for Yadav, senior advocate P S Patwalia had sought two weeks to come up with a concrete proposal to pay the outstanding amount and said he will be depositing Rs 2 crore to prove his bona fide.
Patwalia said Yadav spent four-and-a-half months in prison and his friends in the entertainment industry had to bail him out.
Sinha, appearing for complainant, M/s Murali Projects Pvt Ltd, said they are concerned with the money as Yadav has not honoured his commitments.
On September 8, the top court issued notice on Yadav’s plea and said that subject to deposit of Rs 5 crore with the registry of this court, there will be exemption from surrendering.
On July 10, the Delhi High Court upheld the conviction of Yadav in multiple cheque-bounce cases and sentenced him to three months’ imprisonment.
The high court had refused to condone the “extraordinary” delay of 1,894 days, or more than five years, in filing petitions against the conviction and directed Yadav to pay more than Rs 1 crore to the complainant in each of the seven complaints.
It, however, clarified that around Rs 2 crore already paid by the actor shall be adjusted, and kept the sentence in abeyance for two months to give Yadav time to approach the appellate court against the decision.
The high court also ordered the actor’s wife, Radha Rajpal Yadav, to pay around Rs 5.5 lakh as fine to the complainant in each case.
In default of payment of the fine, she shall undergo simple imprisonment for a period of three months, it added.
The high court’s verdict came on revision petitions filed by Yadav and his wife challenging the 2019 decision of a sessions court, which upheld their conviction by a magisterial court in the cheque-bounce cases in April 2018.
The magisterial court had sentenced the actor to six months’ imprisonment, which was subsequently reduced to three months.
