NARAYANAN RAMASAMY Vs. SUN TV NETWORK LIMITED

JUDGEMENT

(1.) These petitions have been filed to quash the proceedings in C.C.No.2645 of 2019 on the file of the learned XXII Metropolitan Magistrate, Saidapet, Chennai, thereby taken cognizance for the offences under Ss. 406 and 420 of I.P.C., as against the petitioners.

(2.) The respondent filed private complaint as against the petitioners and others alleging that the respondent has involved in various business including production and distribution of movies. In the field of production, the respondent is a reputed production house and film studio involved in the business of production, acquisition, co-production, promotion, marketing and distribution of various cinematographic films and audio-visual content in various Indian languages, in multiple formats worldwide including but not limited to theatrical, television syndication, digital and internet connected platform. While being so, in the year 2018, the respondent produced a film called 'Sarkar' and the first accused being a proprietorship who is in the business of film distribution, approached for acquiring license for distributing the said film in theatres. Accordingly, the respondent entered into a theatrical distribution agreement dtd. 26/10/2018 with the first accused for exhibiting the said film in prominent and reputed theatres.

(3.) As per Clause 3.1.1 of the said agreement, in consideration of licence to exploit, exhibit the said film in prominent and reputed theatres, the first accused has to pay the respondent a sum of Rs.79,50,00,000.00 as minimum guarantee exclusive of all applicable taxes and the revenue. As per the agreement, a sum of Rs.16,00,00,000.00 has been paid as advance on 29/10/2018 and the balance amount of Rs.53,50,00,000.00 to be paid five days prior to the release date viz., 6/11/2018.