New Delhi: Superstar Rajinikanth's wife Latha Rajinikanth will have to face a trial in a cheating case, the Supreme Court ruled on Tuesday.
A bench headed by Justice Ranjan Gogoi set aside the Karnataka High Court order, which had quashed a private complaint against Latha over non-repayment of a loan.
"This is a case fit for trial. There was no reason for the High Court to have quashed the complaint. You prove your innocence during trial," said the bench, as it allowed the appeal filed against the order to exonerate her.
The bench was unequivocal that the complainant had a 'triable issue' and that the HC was not justified in quashing the case which should have gone for trial. With the trial getting revived on the order of the top court, Latha will also have to seek bail from the trial court.
AD-Bureau Advertising Pvt Ltd has alleged that it had given the money during the post-production of 2014 film Kochadaiiyaan to Mediaone Global Entertainment Ltd on personal guarantee of Latha, who is a director in Mediaone.
The advertising agency sought investigation and trial of Latha under charges of cheating, alleging that her firm did not only fail to repay the money, but also used the loan to cover some previous debts.
While the trial court had ordered for investigation, the Karnataka High Court quashed the complaint, compelling the advertising agency to move the apex court in appeal.
In February, Latha's lawyer gave an undertaking in the court that if her firm does not pay in three months, she will be personally liable to pay Rs 6.2 crore to the advertising agency.
However, last week, the lawyer for her firm offered to give a cheque of only Rs 10 lakh as her lawyer Balaji Srinivasan contended that the previous undertaking was without her approval.
The Court had then said that it would now hear the case only on merit as to whether the HC was correct or not.
On Tuesday, Srinivasan contended that she was not a director in the firm concerned and that the dispute was purely civil in nature. But the bench remained unimpressed and following a brief hearing, it ordered for trial of Latha.