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22 July, 2019 02:15:30 PM
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Koena Mitra gets six months' jail

Independent Online/ Times Of India
Koena Mitra gets six months' jail

Bollywood actress Koena Mitra, who has been away from the limelight for quite some time, is making headlines. She has been convicted by a metropolitan magistrate’s court in a cheque bouncing case and sentenced to six months’ simple imprisonment earlier this month. The actress was also asked to pay Rs 4.64 lakh, including an interest component of Rs 1.64 lakh, to the complainant, model Poonam Sethi.

Poonam Sethi filed a case against Koena Mitra in 2013 after her cheque bounced for “want of funds”. Mitra has, however, denied the allegations and is expected to challenge the judgement. While passing the order, Magistrate Ketaki Chavan of the Andheri Metropolitan Court rejected almost all the arguments offered by Koena Mitra. Among the contentions raised on Mitra’s behalf, a significant one was that Sethi did not have enough financial capacity to lend Rs 22 lakh. According to the case details, actress Koena had borrowed Rs 22 lakh from Sethi over a period of time. During the repayment of this loan, Mitra gave a cheque of Rs 3 lakh to Sethi, which was dishonoured by the bank. Poonam Sethi had sent a legal notice to Mitra on July 19, 2013 (mandatory as per the provisions of the Negotiable Instruments Act before the complainant can take action). Mitra, however, failed to repay the amount even at this stage. Sethi then filed a complaint in the court on October 10, 2013. During the court hearing, Mitra denied all allegations and sought to defend herself mainly on two grounds: that Sethi did not have the financial capacity to lend Rs 22 lakh, and that she stole her cheques. The magistrate, however, did not accept her defence.

The magistrate, however, observed that Mitra’s argument about Sethi’s financial capacity could not be accepted and that Mitra had also contended that she was lending money illegally. The court held that the two contentions were mutually contradictory. On Mitra’s second contention, the court held that she could not prove that Sethi had stolen her cheques. The court added that Mitra did not mention this allegation in her reply to the notice sent by Sethi, neither did she take any further action. “Furthermore, in the present matter, said cheque is not dishonoured on the count of ‘payment stopped by drawer’. It is dishonoured on the count of ‘funds insufficient’. If at all, it is presumed that complainant took the cheques from the accused’s house, which was blank and misused them, then the option of stopping the payment was very well available with the accused.

But she did not do anything like this. Thus, the conduct of accused prior and subsequent to the dishonoured of said cheque constrained me to hold that this defence is afterthought and taken only to evade the liability,” the court observed. “The case is totally false and I have been framed in the matter. During the final argument, my lawyer could not be present in the court and hence my side was not heard and the order was passed without my hearing. We will be challenging the judgement in the higher court and my lawyers are in the process of appealing,” Mitra told Mirror. 

 

SI

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Editor : M. Shamsur Rahman

Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
Editorial, News & Commercial Offices : Beximco Media Complex, 149-150 Tejgaon I/A, Dhaka-1208, Bangladesh. GPO Box No. 934, Dhaka-1000.

Editor : M. Shamsur Rahman
Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
Editorial, News & Commercial Offices : Beximco Media Complex, 149-150 Tejgaon I/A, Dhaka-1208, Bangladesh. GPO Box No. 934, Dhaka-1000.

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