Film producer Manju wins cheque bounce case

S Shyam Prasad | NT

Bengaluru:

The High Court has upheld the conviction against one Kishore P Kumaraswamy in a complaint filed by popular Kannada film producer K Manju in relation to the dishonouring of cheques related to the release of the Telugu film Rudhramadevi. K Manju had complained that he had given a hand loan of Rs 20 lakh to the accused in July 2015 “towards release of a film by name Rudhramadevi.

Though the accused had promised to repay the loan amount within two months from then, he did not repay the amount.” After repeated requests two cheques were issued to Manju by Kishore. But when they were presented to the bank, it was returned with the endorsement ‘payment stopped by drawer.’ After serving a legal notice, K Manu initiated a criminal case against the accused.

On August 16, 2018 the XXXVII Additional Chief Metropolitan Magistrate convicted Kishore for the offences punishable under Section 138 of the Negotiable Instruments Act. Kishore filed an appeal before the LXIX Additional City Civil and Sessions Judge. The Sessions court on September 25, 2020 upheld the order of the Magistrate court.

Kishore then approached the High Court. Justice HB Prabhakara Sastry gave his judgement on October 17, 2022. The HC dismissed the petition filed by Kishore and said that the sentence of the lower court was right. “It is analyzing the evidence placed before them in their proper perspective, both the trial Court, as well as the Sessions Judge’s Court have convicted and confirmed the conviction of the accused for the offences punishable under Section 138 of the NI Act respectively,” the HC said.

About the sentence, the HC said, “It is the sentencing policy that the sentence should not be either exorbitant nor for namesake for the proven guilt. It must be proportionate to the gravity of the proven guilt for which the accused is found guilty of.” Dismissing the petition, the HC Said, “In the instant case, the petitioner/ accused is convicted for the offence punishable under Section 138 of NI Act and is sentenced to pay fine of Rs.20,05,000 and in default of payment of fine, to undergo simple imprisonment for a period of six months.

Since in the light of facts and circumstances of the case, the sentence ordered by the trial Court and confirmed by the Sessions Judges Court being proportionate the gravity of the proven guilt against the accused, I do not find any infirmity to interfere in the impugned judgements.”