New Delhi [India], November 21 : The Delhi High Court on Monday issued notice on the plea of former Minister of State (MoS) Bhanwar Jitendra Singh challenging the summon issued to him. The case pertains to a painting of MF Hussain.
Justice Ravinder Dudeja issued notice to the respondents on the plea and sought their response. The matter has been listed on April 7 for the next hearing.
Meanwhile, the High Court has allowed Jitendra Singh to appear before the court through video conferencing (VC).
The Rouse Avenue court had issued a summons to former minister Jitendra Singh on November 11 by setting aside the magistrate court order.
A petition has been filed in the high court on behalf of Bhanwar Jitendra Singh through advocate Saud Khan seeking a stay on the order directing Singh to appear before the court.
Senior advocate Abhishek Manu Singhvi, alongwith Saud Khan, appeared for Bhanwar Jitendra Singh. It was argued that the revision court issued a direction without conducting an inquiry, as the petitioner is a resident of Rajasthan.
It was also argued that it is not a case of not returning the painting of MF Hussain. It is a case of gifting. "It was not a case of him keeping the painting for purchase and not returning it," the advocate said.
Counsel for the petitioner also argued that there was no communication or message asking to return the painting since 2014 by the complainant side.
The revision court at Rouse Avenue Court had issued a direction to Bhanwar Jitendra Singh after considering the arguments on the revision moved by the complainant.
While setting aside the magistrate court 's order the revision court had said, "Thus, the material available on record prima facie discloses sufficient grounds to proceed against respondent (Bhanwar Jitendra Singh for the offence punishable under Section 406 of IPC."
"Accordingly, the order dismissing the complaint under Section 203 CrPC. is set aside," Special Judge had ordered on November 11.
The revision court had directed the magistrate court to proceed further in accordance with law and to pass appropriate orders.
The complainant and respondent were directed to appear before the Trial Court on November 25 for further proceedings.
The complainant, an art collector and proprietor of Art Sanatan, alleged that in April 2014, respondent Jitendra Singh approached his mother, Prabha Thakur, at her government residence, seeking to borrow a painting by late artist MF Hussain, purchased by her on September 24, 2013 from Mumbai's Gallery Sachi, for ₹22.50 lakh.
The revision said that the complainant further alleged that the respondent had expressed his desire to borrow the painting in question with the intention of showing it his wife, who was an admirer of the works of late artist MF Hussain, and to discuss with her the possibility of purchasing the said artwork.
It was further alleged that, since the respondent was personally known to the complainant's mother, she acceded to his request and lent the painting to him. However, she had categorically informed the respondent at the time of handing over the painting that its valuation exceeded ₹1 crore, the revision court noted in the submission.
The complainant continued to rely on the assurances given by respondent Jitendra Singh until around July 2018, when Prabha Thakur and his brother of the complainant met respondent on the Shatabdi Express train, where he allegedly refused to return the painting, the court noted in order of November 11.