N C SIPPY Vs. PREM KUMAR

JUDGEMENT

(1.) This "petition under Section 482, Code of Criminal Procedure (hereinafter referred to as 'the Code') is directed against order dated 12th September 1984 of a Metropolitan Magistrate summoning the petitioners to face trial for offence under Section 63 of the Copy Rights Act (for short 'the Act') and Sections 4651467134, Indian Penal Code (for short Indian Penal Code ').

(2.) The facts giving rise to this petition succinctly are that the respondent-Prem Kumar is carrying on the business of film making under the name and style of M/s. Belco Movies at Bhagirath Palace, Chandni Chowk, Delhi. The said firm is a member of the Motion Pictures Association, Delhi. On 4th September 1984 he instituted a complaint against Shri Hira Sobhachand Choithramani and ten others under Section 63 of the Act and Sections 465, 467, 468, 471 & 380, 1PC. He has averred that Shri Hira Sobhagchand Choithramani, accused No. 1, was the managing director of M/s. Esquire Video Films Service Private Limited, accused No. 2 (short 'the Company'), which is a company incorporated under the Companies Act. Accused Nos. 3 to II are the other directors of the company. All of them are carrying on the business of film making etc. at Bombay. The Company's ostensible business is to acquire rights to prepare tui sale video recording of the films produced by the film producers in the country. The Company has "An Esquire Presentation" as its monogram and "Trimurti" as its insignia and displays the same on the video tapes in respect of which they are supposed to have acquired the rights of making, selling and distribution.

(3.) It is further averred that the complainant-respondent produced a cinematograph film entitled "Gorakhdhanda". It was completed in 1979 and was duly certified for "unrestricted public exhibition" by the Central Board of Film Censores, Government of India, vide Certificate issued on 14th June, 1979. The said certificate is valid upto 13th June, 1989. The trailer of the film was also certified for unrestricted public exhibition by a separate certificate dated 22nd June, 1979. Thereafter, the complainant got the film duly registered with the Motion Pictures Association on 6th October, 1979. In August, 1984 when the respondent was negotiating with some parties for the exhibition of the aforesaid film at Delhi, he came to know that the accused persons had prepared video tapes of the said film and had put the same for sale in the market, thereupon, he deputed his employee Rakesh to find out if it was true. The latter went to a video library in Bhagirath Palace and brought one video tape of the aforesaid film. It was displayed on VCR and was found to be a copy of his film "Gorakhdhanda". The video tape bore the inscription "An Esquire Presentation" as also the insignia "Trimurti". Feeling shocked over this discovery he asked his employee Rakesh to bring the original video-tape from which the said copy had been prepared. Accordingly, Rakesh brought another copy which appeared to be original copy of the aforesaid film. The complainant further alleged that he also discovered that the accused had also sold rights of display of their video tapes to M/s. Kesar Video Private Limited, a company carrying on business outside India. He asserted that the copy right in the aforesaid film exclusively belonged to him and the accused persons had committed the offence of piracy by preparing unauthorised video tapes of the same. He also alleged that all the accused persons were living and working at Bombay and they were actively participating in the day-to-day working of the company. Hence, all of them were criminally liable for the offences of infringement of his copy right and forgery etc.