Madras HC dismisses plea of film financier challenging suspension of conviction order

CHENNAI: The Madras High Court dismissed the plea of film financier Gagan Bothra challenging the order of sessions court suspending the conviction imposed on film producer J Sathish Kumar.

Justice G Jayachandran observed that since the suspension of conviction will not cause any damage to the petitioner, he refused to interfere with the sessions court order while dismissing the petition.

On July 25, the principal sessions court, Chennai suspended the six months conviction imposed on the film producer J Sathish Kumar representing JSK Film Corporation, in a case of dishonoring the cheque given to the financier.

The sessions court also directed the film producer to execute bond for Rs.10 thousand and also directed to deposit 10 percent from the cheque amount before the trial court.

The financier Gagan Bothra submitted that in 2017 he gave Rs.2.6 crore loan to Sathish Kumar for his film project.

The financier said that after repeated requests and demands the film producer in March, 2017, gave him a cheque worth Rs.45 lakh to repay the loan.

When the financier tried to encash the cheque amount in a private bank, he left with shock and surprise as the bank account of the film producer remained insufficient of balance.

The financier found that the producer willfully gave him a dishonored cheque in a motive to cheat him. Hence, the financier lodged a complaint against producer Sathish Kumar.

After the investigation police submitted the final report before George Town metropolitan magistrate court.

Perusing the report, the court found the film producer guilty under sections 255 (2), 357 of CrPC and section 138 of Negotiable Instruments Act.

The magistrate imposed six months of simple imprisonment on the film producer and directed him to pay Rs.35 lakhs to the film financier, however the conviction was suspended by the sessions court.

Challenging the suspension the film financier moved the High Court.