New Delhi: The Supreme Court Tuesday gave the last opportunity of two weeks to actor Rajpal Yadav 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.
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.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana extended his exemption from surrendering till October 5.
On July 10, the Delhi High Court upheld the conviction of Yadav in multiple cheque-bounce cases and sentenced him to three months’ imprisonment.
“He is perfect at doing drama… Earlier orders of the court have not been complied with,” the bench 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 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 he has spent four-and-a-half months in prison and Yadav’s friends in the entertainment industry have to bail him out.
Senior advocate Ajit Sinha, appearing for complainant, M/s Murali Projects Pvt Ltd, said they are concerned with the money as Yadav has not honoured his commitments.
The bench posted the matter for further hearing October 5.
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 high court 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.
In the 108-page verdict, the high court observed that Yadav repeatedly failed to honour his undertakings on making payment to the complainant, M/s Murali Projects Pvt Ltd, and while the court made “earnest efforts” to facilitate an amicable resolution in the matter, the actor categorically refused to make any further payment.
The court rejected Yadav’s plea seeking release on probation and held that there was no infirmity in the lower court’s order of sentence.
It said that out of the fine amount, Rs 1.04 crore shall be given to the complainant and Rs 25,000 to the state in each case.
The 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.
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