New Delhi: The Supreme Court on Tuesday ordered restoration of a cheating case against Latha Rajinikanth, film producer and superstar Rajinikanth’s wife, for allegedly diverting money paid to her for post-production of the movie 'Kochadaiiyaan'.
Latha should either file an application seeking discharge or face the trial proceedings, said a bench comprising A.S. Boppana and M.M. Sundresh.
The bench further said that if an application seeking discharge is filed before the trial court, the impugned order of the Karnataka High Court partly quashing the cognizance taken under Sections 196, 199, and 420 of the IPC will not stand in the way.
In August last year, the high court had said that the allegation relating to cheating and dishonestly inducing delivery of property has been recklessly included.
According to the complaint, Latha had fraudulently induced the Managing Director of a Chennai-based advertising company to deliver monies under the pretext of the post-production cost of the movie. However, she allegedly diverted the money for other purposes thereby causing him a wrongful loss.
In 2018, the Supreme Court had set aside another order of the Karnataka High Court quashing the FIR in the same dispute, saying that the high court should have allowed the trial to progress.
“We make it clear that…the averments in the complaint constitute a prima facie case for commencement of the trial,” it had said, while holding that the dispute had all the prima facie ingredients for being adjudicated by means of a criminal trial.
On Tuesday, the Supreme Court also ordered that Latha’s physical presence in the case will stand dispensed with unless required by the trial court.
“We further make it clear that we have not expressed any opinions on the merits of the case and it is well open to the parties to resolve the issue, also through mediation,” the top court said.
With inputs from IANS