Supreme Court relief to Ameesha Patel, ban on criminal proceedings in case of fraud

The Supreme Court has suspended criminal proceedings against Bollywood actress Ameesha Patel for the crimes of cheating and criminal breach of trust in connection with a summons issued by a lower court in Jharkhand. A bench of Judge BR Gavai and Judge PS Narasimha issued a notice to the Jharkhand government about the petition filed by the actor.

However, the high court said that proceedings for offenses punishable under section 138 (bounced checks) of the Negotiable Securities Act must proceed in accordance with the law. The Court said: “Issue notices only in respect of offenses punishable under sections 406 (criminal breach of trust) and 420 (cheating) of the Indian Penal Code, 1860. Until further orders, on proceedings under sections 406 and 420 of the Indian Penal Law”. “However, we clarify that the process, in regard to the crimes sanctioned by article 138 (bounce check) of the Negotiable Titles Law, must be processed in accordance with the law,” said the bench.

The high court order came in an appeal filed by Patel against a Jharkhand High Court order dated May 5, 2022, which sought to vacate and vacate a lower court order in Ranchi regarding the complaint against him.

Upon producer Ajay Kumar Singh’s complaint, the court took cognizance of offenses under sections 406, 420, 34 of the Indian Penal Code and section 138 of the Negotiable Instruments Act. According to the complaint, Singh transferred Rs 2.5 crore to the actor’s bank account for the production of the Desi Magic film. However, Patel did not pursue the film as he promised and did not return the money. The High Court had said that prima facie it appears that all accused persons are obliged to repay the amount under consideration.

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