A sessions court in Dindoshi has said in its detailed order in which it granted anticipatory bail to celebrity physiotherapist Dr Ali Irani in a cheating case filed by a film producer that the overall facts and circumstances indicate the intention to deceive the informant.
While the court has granted anticipatory bail to Irani, it has denied the relief to his business partner.
Producer Vijay Mulchandani had filed a cheating case against the head of a leading city hospital’s physiotherapy department Dr Irani and his partner in a production house Mehmood Usman Ali.
The Yaaram movie producer had complained that he had sold the OTT rights of his film to their firm Don Infotainment Pvt. Ltd. last year for Rs. 1.25 Cr, but they were yet to pay him Rs. 1.09 Cr.
Moreover, they had sold the rights of the film further to another production firm for Rs. 15 lakhs.
Mulchandani had also alleged that he was given cheques that bounced and two cheques of a total amount of Rs. 1 Cr for an account that was already closed.
Regarding the cheques, the court said that they were given by Mehmood Ali and that there is no contention that they were given with Irani’s consent. It, however, noted that despite the notice of the police, both had not responded to it.
The duo had claimed that it was a purely civil dispute and was being given a criminal colour to harass them. The court said that no doubt, from the FIR, it could be concluded that it is a dispute of non-payment of money.
It pointed out, however, that it is specifically averred that cheques of Rs. 50 lakhs each were issued through the account that was closed and that subsequently, the movie’s rights were sold to another firm for Rs. 15 lakhs and cheating was committed.
The court said that thus, the overall facts and circumstances of the case indicate an intention to deceive the informant. It also noted that rights were sold to another firm when the full amount was not paid to the informant.
