Jaya Prada.
Credit: PTI Photo
Chennai: The Madras High Court on Friday dismissed petitions seeking suspension of a six-month simple imprisonment sentence given to actor and former MP Jayaprada and two others for not having paid Employees State Insurance Corporation dues in over 18 years for a cinema theatre they owned The high court dismissed the petitions that challenged an order of the principal sessions judge who refused to suspend the sentence imposed by a trial court on the actor and her partners who owned the now defunct Jayaprada Cinema Theatre.
The petitions were filed by Jayaprada Cinema Theatre, represented by its partner Raj Babu.
The judge, Justice G Jayachandran, said it was found that the petitioner partnership firm represented by its partners have collected the employee’s contribution, but not remitted along with its contribution. This default has been committed continuously and by some or other way, the petitioners were able to delay the trial for nearly 18 years.
The scant respect for the judicial system shown by the petitioner was recorded by the trial court in its judgment. The counter filed by the Chennai Corporation also shows how this case been prolonged with a fake attempt to settle the dispute under the Amnesty Scheme, the judge added.
The judge said that the court is therefore of the view that the appellate court was right in rejecting the petitions to suspend the sentence of the accused who did not appear before the trial court on the date of judgment and also did not surrender before the appellate court, when the request for suspension of sentence was taken up for hearing.
"The track record of the case justifies the said order. Hence, these criminal original petitions are dismissed," the judge added.
The judge said any bail application in the case, if a conviction warrant is executed, or any application seeking suspension of sentence would be considered only if a deposit of Rs 20 lakh is made within 15 days.
"The lower appellate court shall not entertain petition for bail/suspension of sentence, unless the pre-condition of deposit is complied with and the accused/petitioner physically appears," the judge added.