Kerala High Court Stays Proceedings In Cheating Case Against Bollywood Actor Sunny Leone, Husband Daniel Weber

The Kerala High Court on Wednesday stayed the criminal proceedings in a 2019 FIR against Bollywood actor Sunny Leone, her husband Daniel Weber and an employee of theirs.

Justice Ziyad Rahman A.A. passed the order staying the criminal proceedings until the next date of hearing, today in a plea moved by the actor.  

They have approached the Kerala High Court with a petition seeking quashing of the proceedings pending against them before an Ernakulam Court in connection with an FIR accusing them of cheating and criminal breach of trust.

The FIR against Leone, Weber and their employee Sunil Rajani was registered in 2019 under Sections 34, 406 and 420 of Indian Penal Code on a complaint accusing them of breaching the terms of a contract for stage performance. Shiyas Kunjumohammed, a coordinator of the show, is the complainant in the case.

According to the complaint, the petitioners received around Rs. 39 Lakhs for performing stage shows in Kerala and abroad but failed to perform the show and also did not return the money.

In the plea filed through Advocates R. Sanjith, Sindhu Krishnah C.S., Jasmin Baby, K. Anju P.S., Suraj Krishnan, Shalu Jose, and Sidhi K Kutty, it has been argued that the proceedings were only a plot hatched to harass the petitioners, make unlawful enrichment, and cause loss to the petitioners.

The petitioners have alleged that the complainant is utilising his political influence to press false allegations against them. It has been also argued that the crime branch has no jurisdiction to investigate the said matter, it being predominantly of civil nature.

The petitioners have further submitted that the allegations in the FIR also would not constitute ingredients of the offences alleged against them

The filing of civil suit before the 3rd Additional Sub Court, Ernakulam, by the complainant raising identical allegations would also substantiate the contentions of the petitioners that the nature of offence alleged against them is purely civil in nature, the court has also been told in the plea.

The petitioners have also averred that they had given ample time to the organisers to disburse the amount, and had even agreed to repeated changes of dates, and venues out of business camaraderie, which in itself had caused considerable constraints and financial losses to the petitioners.

"It is categoric and clear that [complainant] has failed to pay the agreed amount and honour his part of the agreement as a result of which [Leone] withdrew herself from the stage show," according to the grounds mentioned in the plea.

Leone and the other two petitioners have further said that they have been put to "untold miseries, irreparable losses, and injuries in making them face the long-drawn process of trial when no material or cogent evidence had been found against them".

 Senior Advocate P. Vijayabhanu also appeared on behalf of the petitioners in the instant case. 

Case Title: Karenjit Kaur Vohra @ Sunny Leone & Ors v. State of Kerala & Ors.