In a relief to former cricketer Robin Uthappa, the sessions court has sent the cheque bouncing case against him back to the magistrate court for a fresh hearing due to non-compliance with mandatory legal provisions.
Earlier, the magistrate court had initiated proceedings against the firm where Uthappa served as a director, in connection with the cheque bouncing case. However, the sessions court has now set aside the summons issued by the magistrate against him. The court noted that the magistrate court ought to carry out a preliminary investigation under the provisions of the Criminal Procedure Code to determine whether there are sufficient grounds to summon the accused and initiate proceedings, especially when the accused resides outside the court’s jurisdiction.
Following this, the sessions court has directed the magistrate court to hear the case again.
### Background of the Case
The complaint was filed against Centaurus Lifestyle Brands Pvt Ltd, where Robin Uthappa was a director. It is claimed that Centaurus Lifestyle had engaged Senior Marketing as their sole distributor for their products in Mumbai, Thane, and Navi Mumbai.
### Cheque Bouncing Incident
The dispute began when Centaurus engaged two additional distributors in October 2017 without the consent of the complainant firm. After a meeting, the complainant returned all stocks, and Centaurus agreed to make the payment.
In July 2018, the goods were dispatched, and in February 2019, Centaurus issued post-dated cheques amounting to Rs 22.22 lakh. However, the cheques bounced in March 2019 due to insufficient funds, leading to the current legal proceedings.
The case is now set for a fresh hearing in the magistrate court as per the sessions court’s directive.
https://www.freepressjournal.in/mumbai/relief-for-robin-uthappa-as-sessions-court-sends-2019-cheque-bounce-case-back-for-fresh-hearing