New Delhi, Oct 21 The Supreme Court has appointed former Delhi High Court judge Justice Najmi Waziri as a mediator to resolve the cheque-dishonour dispute involving actor Rajpal Yadav.
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.
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.
While hearing the matter, the apex court noted that the actor has deposited Rs 2 crore with its registry.
“Owing to the issues briefly raised on behalf of the parties, it seems to us that the matter can be amicably resolved through mediation,” a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said.
“Having regard to the complexity of the issues, we appoint Justice Najmi Waziri, former judge of the Delhi High Court, as the sole mediator to resolve the dispute between the parties,” the bench said in its October 15 order.
It directed the parties to contact the mediator and fix the date for appearance.
The bench said the mediator would be at liberty to ask the parties to appear in person or online.
“The mediator shall fix his own fee in consultation with the parties,” it said.
The top court also directed the trial court to release Yadav’s passport to enable him to continue with his professional pursuits, subject to such terms and conditions as may be imposed by the trial court.
It said Yadav would travel abroad only after compliance with those terms and conditions, and on return, would inform the trial court.
“Post the matter immediately after the mediation report is received,” the bench said.
During the hearing in the top court, Yadav’s counsel submitted that the actor had deposited Rs 2 crore in compliance with the court’s earlier directions and urged it that his plea challenging his conviction and three-month sentence in seven cheque-dishonour cases be heard on merits.
On September 15, the top court extended Yadav’s exemption from surrendering till October 5.
On September 8, the apex 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.
(PTI News)
