Actor and comedian Rajpal Yadav along with his wife has secured significant interim relief from the Supreme Court of India in connection with multiple cheque bounce cases. On Tuesday, the top court agreed to entertain their petitions challenging a previous judgment passed by the Delhi High Court. The High Court had upheld their conviction across seven separate cheque bounce complaints. However, the Supreme Court has granted them exemption from surrendering, contingent upon the deposit of Rs 5 crore.
Supreme Court Three-Judge Bench Order and Conditions
The matter was taken up for hearing by a three-judge bench presided over by Chief Justice of India Surya Kant, which also comprised Justice Joymalya Bagchi and Justice V. Mohana. Issuing notice on the Special Leave Petitions (SLP) filed by the actor and his wife, the Supreme Court granted them time until September 15 to submit their detailed response.
The bench made it explicitly clear that the relief exempting the petitioners from surrendering would become operational only upon strict compliance with the financial condition. Under the court's directive, Rajpal Yadav and his wife are required to deposit a sum of Rs 5 crore with the Supreme Court registry by Wednesday. The protection against surrender will take effect only after the specified amount is successfully deposited.
Background of the Delhi High Court Verdict
The SLP before the apex court challenges the Delhi High Court judgment delivered on July 10, which had affirmed the conviction of the actor and his wife under the Negotiable Instruments Act in seven distinct cheque bounce matters. While upholding the guilt, the High Court had modified the sentencing terms by reducing the period of simple imprisonment in each of the seven cases from six months to three months.
In addition to curtailing the jail sentence, the High Court had also scaled down the financial penalty in each matter from Rs 1.60 crore to Rs 1.05 crore. The High Court further directed that all primary sentences of imprisonment would run concurrently. In arriving at its decision, the High Court had taken into consideration the monetary payments that had already been executed by the actor in favour of the complainant firm, M/s Murli Projects Private Limited.
Arguments Raised in SLP Regarding Consent Settlement
In their petitions before the Supreme Court, Rajpal Yadav and his wife contended that the High Court erred by failing to evaluate a subsequent consent agreement executed between the involved parties. According to the SLP, the terms of this subsequent compromise stipulated that the security cheques previously provided were to be returned to the actor, and fresh cheques were required to be issued in their place.
The petitioners argued that since the parties had arrived at an understanding to replace the earlier security cheques, the legal proceedings ought to have factored in this subsequent settlement agreement. By accepting the SLP for detailed consideration and staying the surrender subject to the Rs 5 crore deposit, the Supreme Court has provided crucial temporary relief to the actor while the matter remains sub-judice.
