Sunny Leone, husband get relief as Mumbai court upholds dismissal of unpaid commission case

He had alleged that he had arranged a role for Sunny Leone in a Telugu film for a total consideration of Rs 1.75 crore, with an agreement that he would receive a 10 percent commission.

He claimed that while partial payments of Rs 1.75 lakh and Rs 3.5 lakh were released to him following initial instalments received by the actress, the remaining dues – including commission from a final Rs 70 lakh payment – were withheld.

The actor’s lawyers told the sessions court that the dispute was purely civil and arose from a commercial transaction with no dishonest intention or element of cheating.

The court accepted the contention, stating that breach of contract does not constitute a criminal offence unless a dishonest or fraudulent intent is established.

“Failure of a commercial transaction cannot be given a criminal colour,” the court noted, pointing out that documents on record, including tax invoices and Form 16-A copies, showed a regular commercial transaction between the parties.

The court observed that the complainant failed to lead evidence or substantiate the basic ingredients of cheating or criminal breach of trust, affirming that no interference was warranted with the magistrate’s decision.