Bailable warrant against filmmaker Rajkumar Santoshi in cheque dishonour case

A Delhi court on Saturday issued bailable warrants against movie director and producer Rajkumar Santoshi in a cheque dishonour case filed by businessman Jhoolan Prasad under Section 138 of the Negotiable Instruments Act.

Judicial magistrate first class Aakash Sharma issued the warrants, noting that Santoshi had deliberately failed to appear before the court. The order specified: “Issue fresh B/Ws against the accused no. 2 in the sum of ₹10,000/- to be executed through SHO concerned on the filing of PF within thirty days from today, returnable on 11.09.2024.” The court has scheduled the next hearing for September 11.

The case arose from a financial transaction between Prasad, represented by advocate Sangeet Rai of Rayasa Law Partners, and Santoshi for the production of the film “Gandhi Godse Ek Yudh.” To repay the funds provided by Prasad, Santoshi issued a cheque for ₹1 crore. However, the cheque was dishonoured due to insufficient funds upon deposit. Despite legal notices sent by Prasad demanding repayment and clear accounts, Santoshi allegedly did not respond.

Santoshi’s counsel, advocate Dilip Kumar, sought an exemption on his behalf, arguing that Santoshi only received the summons on July 2. However, the court on Saturday observed that summons were served on April 15 as well as on July 2, thereby rejecting the exemption request and proceeding with the issuance of warrants.

Rajkumar Santoshi is known for directing hits such as “Andaz Apna Apna,” “Damini,” and “Ghayal.” Despite his success, he has faced legal troubles before. In February, a Gujarat court convicted him in a similar cheque bounce case, sentencing him to two years imprisonment and imposing a fine of ₹2 crore. The court, however, stayed the execution of the sentence to allow him time to appeal.

Section 138 of the Negotiable Instruments Act deals with the dishonour of cheques for insufficiency of funds. The penal provisions under this section include imprisonment for up to two years or a fine which may extend to twice the amount of the cheque, or both. The aggrieved party must provide a written notice to the drawer of the cheque within 30 days of receiving information about the dishonour. If the drawer fails to make the payment within 15 days of receiving the notice, the payee can file a complaint in court.