KURICHI THANGABALU KARTHICK Vs. RAJ TELEVISION NETWORK LTD

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash C.C.No.3130 of 2015 on the file of XVIII Metropolitan Magistrate, Saidapet at Chennai, as against the petitioners.

(2.) Raj Television Network has launched a prosecution in C.C.No.3130 of 2015 before the XVIII Metropolitan Magistrate, Saidapet at Chennai, against M/s.Silver Star Communications Ltd.[A1], Jayanthi Thangabalu [A2], Kurichi Thangabalu Karthick [A3] and Kurichi Thangabalu Indra [A4] for the offences under Section 51, 63, 66 & 69 of the CopyRight Act, 1957, for broadcasting a film song "Fy Fy Fy Kalachi Fy" from the Tamil feature film 'Pandiya Nadu' at 11.58 p.m. on 16.02.2015 in their channel in 'Mega TV', without obtaining any telecast rights or licence from them.

(3.) This quash petition has been filed by A3 and A4 on the short ground that there are no sufficient averments in the complaint to hold them vicariously liable, with the aid of Section 69 of the CopyRights Act, 1957, which provision is in parie materia with Section 141 of the Negotiable Instruments Act, 1881.