The Supreme Court on Thursday has granted bail in a case arising from a ₹57-crore film production agreement, observing that the dispute appeared to stem essentially from a ‘commercial transaction’, though allegations of cheating and misappropriation had been invoked in the FIR.
The case arose from an FIR registered at Gopalpura Police Station, District Dholpur, Rajasthan, which invoked multiple penal provisions, including cheating, misappropriation and criminal breach of trust. The complainant alleged that the accused failed to fulfill contractual obligations relating to the production of four films and diverted nearly ₹30 crore through fraudulent billing, false vouchers, and collusion with vendors.
During the hearing, counsel for the appellants argued that the dispute was essentially commercial in nature and arose from a contractual arrangement concerning film production. It was submitted that two films had been completed, and the third was 70% complete, and the accused could not fulfill commitments while in custody. He also highlighted email communications from the complainant suggesting willingness to continue performance and explore mediation after the accused’s release on bail.
The State informed the Court that an investigation was pending and alleged non-cooperation by the accused. However, the appellants expressed willingness to cooperate with the investigation and participate in mediation.
Observing that the dispute primarily stemmed from a commercial transaction, though couched in allegations of cheating, the Bench of Chief Justice of India, Justice Surya Kant,Justice Joymalya Bagchi, and Justice Vipul M. Pancholi has granted regular bail to the concerned appellant (noting that in one matter, bail had earlier been granted only to the wife).
At the same time, considering that the complainant was not averse to settlement, the Court directed the parties to appear before the Supreme Court Mediation Centre to explore the possibility of amicable resolution of their financial dispute.
A separate petition seeking the quashing of the FIR was permitted to be withdrawn.
Also Read- https://thebarbulletin.com/supreme-court-interim-bail-shwetambari-bhatt-cheating-case/
Appearances:
Sr Adv Vikas Singh appeared for the Petitioner
Sr Adv Siddharth Dave appeared for State