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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. The magistrate court had earlier initiated proceedings against the firm where he served as a director for cheque bouncing.
The court has set aside the summons issued by the magistrate against Uthapa in the case, noting that the magistrate court ought to carry out a preliminary investigation under the provisions of criminal procedure code to determine if there are sufficient grounds to summon the person to initiate proceedings against him in a private complaint, especially when the accused resides outside the court's jurisdiction. The sessions court has now asked the magistrate court to hear the case again.
The complaint was filed against Centaurus Lifestyle Brands Pvt Ltd wherein Uthappa was a director. It is claimed that Centaurus Lifestyle had engaged Senior Marketing as their sole distributor for their products for Mumbai, Thane and Navi Mumbai.
Cheques Bounced In 2019
The dispute arose when Centaurus engaged two more distributors in October 2017 without the complainant firm’s consent. After a meeting, the complainant returned all stocks, and Centaurus agreed to pay. In July 2018, the goods were dispatched, and in February 2019, Centaurus issued post-dated cheques of Rs22.22 lakh. However, the cheques bounced in March 2019 due to insufficient funds.
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