The Madras High Court has dismissed petitions seeking suspension of a six-month simple imprisonment sentence handed to the actor and former MP Jaya Prada and two others.
They were sentenced for failing to pay dues to the Employees State Insurance Corporation over an 18-year period in relation to a cinema theatre they once owned.
The Court dismissed the petitions, which challenged an order by the principal sessions judge who had declined to suspend the sentence issued by a trial court to the actor and her business associates, the proprietors of the now-defunct Jayapradha Cinema Theatre.
These petitions were filed by Jayapradha Cinema Theatre, with representation from partner Raj Babu.
A bench of Justice G Jayachandran observed that the partnership firm, as represented by its partners, had indeed collected the employee’s contributions but had failed to remit them along with the firm’s own contributions. This continuous default had allowed the petitioners to delay the trial for nearly 18 years. The trial court had noted the petitioner’s disregard for the judicial system in its judgment, and the Chennai Corporation’s response showed how the case had been needlessly protracted with a feigned attempt to resolve the dispute under the Amnesty Scheme.
The judge affirmed that the appellate court’s decision to reject the petitions to suspend the sentence was justified. This was due to the accused parties not appearing before the trial court on the judgment day and failing to surrender before the appellate court when the suspension of the sentence was taken up for consideration.
The judge added that any bail application in the case or any request for the suspension of the sentence would only be entertained if a deposit of Rs 20 lakh is made within 15 days. The lower appellate court is also instructed not to consider bail or suspension of the sentence petitions unless this precondition is met and the accused or petitioner appears in person.
