Madras High Court directs film financier to counter director Kasthuri Raja’s plea
On Tuesday, Justice P Velmurugan heard the petition moved by R Krishna Murthy alias Kasthooriraja seeking to quash the pending complaint alleging that it is not maintainable before the law.
CHENNAI: The Madras High Court directed a film financier Gagan Bothra, to file a counter to the petition moved by film director and actor Dhanush's father Kasthuri Raja to quash the private complaint pending before a lower court.
On Tuesday, Justice P Velmurugan heard the petition moved by R Krishna Murthy alias Kasthooriraja seeking to quash the pending complaint alleging that it is not maintainable before the law.
Advocate Haja Mohideen Gisthi for Kasthuri Raja referred to section 195 (1) (b) of CrPC and submitted that the VIII metropolitan magistrate court George Town made an error by taking cognizance of the private complaint preferred by Gagan Bothra.
The referred section restricts filing direct complaints of any person which can be done only by the court and sought to quash the pending case.
After the submission, the HC directed the financier to file a counter and posted the matter to January 28, for further proceedings.
In 2012, Kasthooriraja borrowed Rs 65 lakh from S Mukunchand Bothra (since died), father of Gagan Bothra, however, it was disputed by Kasthooriraja that he borrowed only Rs 10 lakh and which was also repaid.
Mukunchad alleged that Kasthuri Raja gave a dishonoured cheque to repay the loan amount.
Hence, he filed two criminal complaints under section 138 of the Negotiable Instruments Act, before the George Town court.
After the trial, the lower court acquitted Kasthooriraja from the case. Aggrieved by that Mukunchand moved an appeal in HC, eventually the petition was dismissed by the court.
Subsequently, Kasthuri Raja lodged a fresh complaint under sections 406, 420 and 465 of IPC against Mukunchand and his son Gagan, alleging both of them misused the blank cheques signed by him given to them while borrowing the money.
On January 25, 2023, the HC abated Mukunchand as he died and held that the complaint lodged by Kasthooriraja against the Gagan was vague in nature to harass him and quashed the complaint.
Following that Gagan Bothra moved a private complaint in George Town metropolitan magistrate alleging that he had undergone mental agony due to the complaint lodged by Kasthuri Raja, which was taken cognizance by the trial court.