Cricketer Uthappa gets relief in cheque bounce case as court proceedings stayed temporarily
Mumbai, Oct 18: A Mumbai sessions court has temporarily stayed a magistrate court's proceedings against former India cricketer Robin Uthappa in a 2019 cheque bounce case, noting it appears he was not in-charge of day-to-day affairs of a company linked to the matter.
In 2019, a private firm, Senior Marketing Pvt Ltd, had filed a complaint before a magistrate court in Mumbai against another company, Centaurus Lifestyle, and its directors, including Uthappa, for issuing a posted dated cheque, which was dishonoured due to "insufficient balance".
Following this, the trial court initiated proceedings against Centaurus Lifestyle and its directors.
The additional sessions judge, in an order on Thursday, noted that prima facie it appears the applicant (Uthappa) was not in charge of day-to-day affairs of the accused company (Centaurus Lifestyle) when the disputed cheque was dishonoured.
The judge then stayed the trial court's proceedings against the 38-year-old cricketer until January 4, 2025, as his plea challenging the magistrate's order was yet to be heard.
The former India batter, in his revision plea filed before the sessions court, noted that the magistrate, in June 2019, had issued summonses to all the accused, but no one appeared on the given date.
Later, in January 2020, the magistrate issued a bailable warrant against the accused in the cheque bounce case, including the cricketer. Between 2021 and 2023, a non-bailable warrant (NBW) was issued against them. Even then none of the accused appeared before the magistrate, so the lower court issued a proclamation order against them in early 2024.
Uthappa, in the revision plea filed through advocate Siddhesh Borkar, claimed he came to know about the case, summons and NBW only when he was called by the Indiranagar Police Station, Bengaluru, in April 2024, following the issuance of the proclamation order.
The cricketer's plea said Centaurus Lifestyle had signed an agreement with the complaint firm (Senior Marketing) for distribution and sale of their merchandise in Mumbai and nearby areas.
However, owing to some conflicts, the agreement was broken. The lifestyle company then issued a posted dated cheque of Rs 22,22,729 drawn on Federal Bank to the marketing firm. The cheque, however, was dishonoured with the remark "insufficient balance", it said.
The cricketer asserted he was merely a "non-active" director of Centaurus Lifestyle on the account of being an investor in the company.
Uthappa told the sessions court he had no role in either business transaction, administration or day-to -day affairs of the lifestyle company.
The cricketer claimed the magistrate's order issuing summons was "illegal, improper and suffers from grave infinity".
"The trial court has failed to consider various material facts pertaining to the instant case and has passed the impugned order in a mechanical manner without proper application of judicious mind," the revision plea argued.
The sessions judge, considering the cricketer's submission, has temporarily stayed the proceedings against him in the magistrate court.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Hemant Soren to take oath as 14th CM of Jharkhand on Thursday
Ranchi (PTI): Hemant Soren is set to take oath as the 14th chief minister of Jharkhand in a grand ceremony here on Thursday, which will be attended by several top political leaders, including AICC president Mallikarjun Kharge, Leader of Opposition Rahul Gandhi and West Bengal Chief Minister Mamata Banerjee.
Governor Santosh Kumar Gangwar will administer the oath of office and secrecy to Soren at 4 pm.
This will be the 49-year-old JMM leader's fourth stint as chief minister.
Soren retained the Barhait seat, defeating BJP's Gamliyel Hembrom by a margin of 39,791 votes in the recent assembly polls. The JMM-led alliance stormed to victory, securing 56 seats in the 81-member assembly, while the BJP-led NDA managed 24 seats.
Posters for the event can be seen across the city, while security has been strengthened and traffic regulations put in place.
Schools in Ranchi city are shut on Thursday in view of the swearing in of the Hemant Soren government.
Jharkhand in-charge and Congress general secretary Ghulam Ahmad Mir said Soren is likely to take oath alone, and expansion of the cabinet will be held after a vote of confidence in the assembly.
Other senior political leaders likely to be in attendance are NCP chief Sharad Pawar, Meghalaya CM Conrad Sangma, Punjab CM Bhagwant Mann and Himachal Pradesh CM Sukhvinder Singh Sukhu, a JMM leader said.
CPI(ML)L general secretary Dipankar Bhattacharya, AAP leader Arvind Kejriwal, Shiv Sena (UBT) leader Uddhav Thackeray, Samajwadi Party chief Akhilesh Yadav, PDP leader Mehbooba Mufti and Bihar’s Leader of Opposition Tejashwi Yadav are also likely to attend the oath-taking ceremony.
"It’s heartening to have such esteemed leaders join us for this important occasion," said Soren, who along with senior officials paid a visit to the Morabadi ground on Wednesday evening to take stock of the arrangements.
