Plea against Rajinikanth by film financier quashed

Justice N Anand Venkatesh on holding that this court has gone to the extent of finding that the entire suit moved by Bothra was a speculative one, said “This court is of the considered view that the averment made in the affidavit by Rajinikanth is not per se defamatory, and the same was made as a necessary averment in order to project the conduct/character of Bothra. Therefore, the continuation of the criminal complaint against Rajinikanth will amount to an abuse of process of court.”

As per the case, Bothra filed a civil suit before the High Court for injunction directing Rajinikanth to act against one Kasturi Raja for using his name without his consent.

In the affidavit filed, Rajinikanth had made the allegation against Bothra that “the suit has been intended to malign and defame me and extort money.”

Claiming that the said affidavit was widely publicised in the media, Bothra proceeded to file a criminal complaint for defamation as his reputation was completely damaged in both his business and friends circle.

The Metropolitan Court on taking cognisance of the complaint had issued summons and the same was challenged by Rajinikanth.

The Judge in his order also held that “A reading of the entire affidavit would show that Rajinikanth wanted to establish the fact that the entire suit was intended to malign and defame him, who had no dealings whatsoever with Bothra at any time.”

“In a money dealing with Bothra, Kasturi Raja seems to have used the name of Rajinikanth for borrowing money from Bothra and that was the only cause of action for filing the suit by Bothra against Rajinikanth,” Justice Anand Venkatesh added.