In the ongoing case against Ameesha Patel by producer Ajay Kumar Singh, the Supreme Court Friday, 26 August stayed criminal proceedings under for offence of cheating and criminal breach of trust under the Indian Penal Code (IPC), granting her relief from immediate arrest.
Ameesha Patel and Karan Ghoomer have been fighting arrest in connection with summons issued by a trial court in a cheque bounce case.
Ameesha and Karan had been issued summons offences of Sections 406 (criminal breach of trust) and 420 (cheating) of IPC and Section 138 (dishonour of cheque) of the Negotiable Instruments Act.
A Bench of Justices BR Gavai and PS Narasimha issued notice to the State of Jharkhand in the appeal against an order of the Jharkhand High Court, which had dismissed the quashing petitions filed by the two.
The notice was limited to the offences of criminal breach of trust and cheating, while the cheque dishonouring case will be proceeded with as per law.
The plea before the Supreme Court sought quashing of summons issued in connection with a complaint filed in Ranchi.
The complainant was filed by Producer Ajay Kumar Singh alleging that Ameesha Patel had issued a cheque of ₹2.5 crore as refund of his investment into a film that was eventually never made.
The cheque bounced leading to the complaint against the actress.
Background
Producer Ajay Kumar Singh has been enticed to invest in a film that Ameesha Patel had told she was going to be doing and was also making.
Ajay Kumar Singh agreed to and handed over the money to Ameesha Patel.
Later she refused to be a part of the project and the film was never made.
And when he demanded his money back, Ameesha gave him a cheque to return the Rs 2.5 crore, but the cheque bounced and the producer was left with no option but to issue proceedings against her.
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It is being claimed that Ameesha not only cheated him, she also knew she did not have the money in her bank account when she actually wrote the cheque to give it Ajay Kumar Singh.
Ameesha Patel has been sued not only for recovery of money; she is being sued for committing fraud.
Ameesha on her part has been fighting any arrest and coercive action.
The ongoing case was first heard in the lower court and later in the Jharkhand High Court.
According to the producer’s case, he had met Ameesha Patel during an event in 2017, where she managed to convince him to invest in her movie Desi Magic and got him to transfer Rs 2.5 crores into Ameesha’s bank account.
Ameesha did not proceed with the film and kept the money.
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