The Chennai-based businessman G Mahesh has moved the Madras HC for anticipatory bail after India cricketer Harbhajan Singh filed a cheating case against him for the failure of payment of INR 4 Cr paid to him in 2015.

The petition which was filed by Mahesh's counsel K Surendar on August 31, says the petitioner is filing the "petition under section 438 of Cr.P.C., seeking to enlarge him on bail in the event of arrest."

In a detailed brief about the incident, Mahesh's counsel has submitted in the court that, "During the year 2015, the petitioner, along with one, Mrs. Prabha Sekar had availed a loan for a' sum of Rs.4,00,00,000/- from one, Mr. Harbhajan Singh, who is a professional cricketer. At the time of availing the said loan, the original title deeds of an immovable property situated at Thalambur, Chennai was deposited with the said Mr. Harbhajan Singh as security for the loan. Further, as requested by the said Mr. Harbhajan Singh, a General Power of Attorney Deed with respect to the said property was also executed in his favor, which has been registered as Document No. 3635 of 2015, on the file of the Sub Registrar, Thiruporur."

The brief further states that Mahesh has repaid a sum of Rs.4,05,00,000/- (Rupees four crores and five lakhs only) to Harbhajan Singh and now the repayment of interest to the taken loan is going on.

Harbhajan Singh files complaint against Chennai-based businessman for fraud

The brief said that the cheating case filed by Harbhajan Singh was with ‘ulterior motive to harass’ his client. It is also stated that Mahesh had given Harbhajan Singh 8 blank signed cheques as further security towards repayment of the interest component in February 2020.

It cited the Coronavirus pandemic as the reason behind the delay in payment.

The counsel said, "In such circumstances, despite the fact, the entire principal amount has been repaid and original title deeds of immovable property are also lying as security, the said Harbhajan Singh had filled up one of the blank signed cheques issued by me for a sum of Rs.25,00,000/- and had presented the same for encashment on 17.08.2020. Since I had issued stop-payment instructions to my banker, the said cheque was duly returned on 18.08.2020."

The counsel in its petition has said that the case moved by Harbhajan Singh is done with an ulterior motive to harass Mahesh.

"Harbhajan Singh has preferred a complaint before the police as against the petitioner as if he was cheated, which is contrary to truth. The transaction between the petitioner and the de facto complainant, Mr. Harbhajan Singh is a pure and simple loan transaction and a major portion of the liability has already been cleared. Thus, the question of cheating the defacto complainant does not arise, and as such, the complaint against the petitioner is sheer abuse of the process of law."

Harbhajan Singh had filed a cheating case against the businessman in Chennai after one of the cheques given to him to a tune of Rs 25,00,000 bounced due to insufficient funds.

Neelankarai's assistant commissioner of police Visveshvaraiah is doing a detailed probe in the case and has summoned Mahesh for inquiry.

(indiatoday inputs)