NEW DELHI: The Supreme Court on Thursday referred Rajpal Yadav’s long-running cheque-dishonour dispute to mediation after noting that the actor has deposited Rs 2 crore with its registry.
The top court also directed the trial court to release Yadav’s passport to enable him to pursue professional commitments abroad, subject to the conditions imposed on him.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said the matter appeared capable of an amicable settlement in view of the amount deposited and the issues raised by the parties.
“A sum of Rs 2 crore has been deposited by the petitioners (Yadav and his spouse) with the registry. Owing to the issues briefly raised, it seems to us that the matter can be amicably resolved through mediation,” the bench said.
The CJI said he would appoint a sole mediator to ensure an amicable resolution of the dispute.
“Parties to contact the mediator and fix the date for appearance. The mediator can ask the parties to appear in person or online. To enable petitioner No.1 (Yadav) to continue professional pursuit, the trial court shall release his passport subject to such conditions as may be imposed by the court. Petitioner (actor) to travel only in compliance with those conditions and on return shall inform the trial court,” the bench ordered.
The counsel for Yadav, advocate Vikrant, had urged that the actor has to travel to Canada for a professional assignment and that he may get some money for attending the event.
During the hearing, Yadav’s counsel submitted that the actor had deposited the entire Rs 2 crore in compliance with the court’s earlier directions and urged that his plea challenging his conviction and three-month sentence in seven cheque-dishonour cases be heard on merits.
The CJI initially said the court would hear the matter but later asked the parties to consider resolving the dispute through mediation.
“Why don’t you now settle the dispute? If you are reasonable and fair… Rs 2 crore is lying with us. You should also be reasonable and try to settle (the matter),” the CJI told the respondent.
Yadav’s counsel said the actor has sold his ancestral property to arrange the money.
The CJI, however, observed that the scope of interference at the present stage was limited.
On October 7, the CJI had asked the actor to make a good movie, entertain people again and rebuild his image. The bench had taken note of the Rs 1.15 crore payment made by him in the long-running series of cheque-bounce cases.
The legal dispute stems from a 2010 financial agreement where Yadav received Rs 5 crore from M/s Murli Projects Pvt Ltd to finance his directorial debut movie, ‘Ata Pata Laapata’.
The complainant alleged that in 2013, Yadav tendered seven cheques of Rs 1.05 crore each towards the settlement of financial assistance of Rs 5 crore to him for the film in 2010.
The cheques were dishonoured, the firm alleged. According to the complainant, an agreement between the parties in 2012 stated that Yadav, his wife and their company had agreed to repay around Rs 11 crore, including interest.
On September 15, the top court extended Yadav’s exemption from surrendering till October 5.
On September 8, the top court issued a notice on Yadav’s plea and said that, subject to the deposit of Rs 5 crore with its registry, there will be exemption from surrendering.
On July 10, the Delhi High Court upheld the conviction of Yadav in multiple cheque-bounce cases and sentenced him to three months’ imprisonment.
The high court refused to condone the “extraordinary” delay of 1,894 days, or more than five years, in filing petitions against the conviction and directed Yadav to pay more than Rs 1 crore to the complainant in each of the seven complaints.
It, however, clarified that around Rs 2 crore already paid by the actor shall be adjusted, and kept the sentence in abeyance for two months to give Yadav time to approach the appellate court against the decision.
The high court also ordered the actor’s wife, Radha Rajpal Yadav, to pay around Rs 5.5 lakh as fine to the complainant in each case. In default of payment of the fine, she shall undergo simple imprisonment for a period of three months, it said.
The high court’s verdict came on revision petitions filed by Yadav and his wife challenging the 2019 decision of a sessions court, which upheld their conviction by a magisterial court in the cheque-bounce cases in April 2018.
The magisterial court had sentenced the actor to six months’ imprisonment, which was subsequently reduced to three months.
