A sessions court recently set aside a lower court’s order issuing process against Madhur Bhandarkar on a complaint by a 63-year-old scriptwriter who alleged that the filmmaker used his story without his consent for the National Award winning 2009 film ‘Jail’.

“It is to be noted here that the complainant has not placed any material before the learned trial court to show that the film ‘Jail’ was based on the story written by the complainant,” additional sessions judge A Z Khan said.

In September 2015, the Andheri magistrate’s court issued process against Bhandarkar and screenwriter Dilip Shukla for offences relating to cheating and criminal breach of trust after a 2014 complaint was filed by scriptwriter Surendra Singh Tanwar. Aggrieved by the order, Bhandarkar moved the sessions court in 2016 through his advocate Shreyansh Mithare.

Tanwar had submitted that he assisted Shukla and another person in 1995 and wrote a story ‘Gunahon Ka Devta’ which is registered with the Film Writer Association. He alleged that Shukla sold the story ‘Gunahon Ka Devta’ to Bhandarkar for Rs 25 lakh without his knowledge and consent. He further alleged that Bhandarkar made the film ‘Jail’ and earned huge amounts.

Before the sessions court, Bhandarkar’s lawyer, Shreyansh Mithare, argued that after conducting a detailed inquiry, the police station concerned concluded that no offence was committed by Bhandarkar or Shukla and that the matter was a civil dispute.

Mithare further submitted that there is no evidence to show that the film ‘Jail’ was based on the story written by Tanwar. Mithare argued that the complaint was filed after seven years of the film’s release as an afterthought.

Allowing Bhandarkar’s plea, the court said, “No doubt, there is no sufficient material against the present applicant accused (Bhandarkar) that he has cheated the complainant in furtherance of common intention with the other accused dishonestly and thus the process issued against the present applicant is not legal and correct, which needs to be set aside,” the judge said.