Mumbai: The Thane sessions court has granted interim protection from arrest to actress Shilpa Shetty and her husband Raj Kundra in a case of cheating and criminal breach of trust.
On April 27, the Bhiwandi police had registered a first information report (FIR) against the couple for duping a textile firm owner of Rs 24 lakh. Following this, the couple had moved an anticipatory bail application before the court.
Thane additional sessions judge Khalipe granted interim protection from arrest to Shilpa Shetty and her husband on a Rs 50,000 surety.
According to the police a company named Best Deal TV Pvt Ltd, in which Kundra and Shetty are directors, had collected money from customers for sale of bed sheets on behalf of Malotia Textiles through television advertisements, but did not pay the company.
The police had registered an FIR under sections 420 (cheating) and 406 (criminal breach of trust) of the Indian Penal Code against the couple.
Aniket Nikam, the advocate of Shetty and Kundra, argued before the court that, “The complainant and Best Deal TV Pvt Ltd of which the accused were directors were in a business relationship for more than a year. Best Deal TV has made payment of more than Rs one crore to the complainant and in such a situation it could not be said that the accused had intention to cheat from the inception, which is a requirement of section 420”.
Mr Nikam further argued that the allegations made in the FIR prima facie reflect that the dispute between the parties is civil in nature and elements of intention to dupe is not attracted to the facts of the present case.
Mr Nikam cited several Supreme Court judgments to point out that in commercial disputes, custodial interrogation is unwarranted.
