R.M.RAMESH Vs. STATE

JUDGEMENT

(1.) The petitioners are the Accused No.1 to 4 in Crime Nos. 600 and 601 of 2012 on the file of the first respondent. The second respondent viz.,Mr.Sakthi Chidambaram, Proprietor: Cinema Paradise is the defacto complainant in Crime No.600 of 2012 and Mr.Naresh Babu, Proprietor: Gopikrishnan Paradise is the defacto complainant in Crime No.601 of 2012.

(2.) The Complaint in Crime No.600/2012 was given on 6.12.2012 at 6.00 P.M. by Mr.Sakthi Chidambaram, Proprietor, Cinema Paradise, Chennai-93, before the Inspector of Police, Central Crime Branch, IX A Team EDF Wing II, Egmore, Chennai against the Chairman and respective Managers of Sun TV and Sun Pictures. In the said complaint, he has stated that he is a Producer cum Director of Tamil films for the past 20 years and he is an Executive Member of the Film Producers Association. The defacto complainant further stated that in the year 2010, he has entered into an agreement with one Ramesh Babu for purchase of the Tamil Film by name "Kavalan" acted by Vijay and Asin for a sum of Rs.41 Crores. He has also entered into an MOU with Sun T.V for the sale of satellite rights for a sale consideration of Rs.5.5 Crores- and for which an advance of Rs.2.75 Crores has been received by him from Sun T.V. by way of cheque. The remaining amount of Rs.2.75 Crores has not been paid to him by Sun T.V. Even after the release of the movie, it has been postponing the payment and when he requested the payment, Accused No.4 demanded Rs.50 lakhs as commission for the collection of the balance amount. Since the defacto complainant has refused to give commission to Accused No.4, the accused has dragged him to Court. The other allegation in the said complaint is that the Sun Pictures had given promise to give the distribution rights of Enthiran moovie for Chengleput area, for which he has borrowed a sum of Rs.4 Crores from various persons and paid the same to Sun Pictures by way of cash. But the Sun Pictures had sold the entire distribution rights to Gemeni Lab and on hearing this the defacto complainant demanded the return of money paid by him and at that time Sun Pictures had agreed to return the amount. Thereafter, on negotiations with Gemini Lab, he was allowed to release the moovie in some theatres at Chengalpatu area. Whereas, the Sun Pictures have not returned the amount of Rs.4.00 Crores paid by the defacto complainant and the balance amount due of 2.75 Crores towards the satellite rights of Kavalan movie. Because of the attitude shown by the above said accused, the amount borrowed and invested by him has been stagnated by the Sun TV & Sun Pictures and he become penniless man. Under this juncture, on 30.11.2012 at 1.00 O' Clock, the defacto complainant visited the office of the Sun T.V. situated at Maran Towers at MRC Nagar, Chennai and requested for repayment of Rs.6.75 Crores due and payable by the accused. But they refused to repay the money. At that time one employee of the Sun TV informed him that Accused No.2 has asked the defacto complainant to come over to the car park. At that time all the three accused came there, abused the defacto complainant with filthy language and Accused No.2 to 4 threatened him with dire consequences and drove him away. He came out with fear of his life and thereafter, he gave a complaint and FIR was registered at 6.00 p.m on 06.12.2012 by the Central Crime Branch Crime No.600/2012 for the alleged offence under Sections 294, 352 and 506(ii) IPC.

(3.) The Complaint in Crime No.601/2012 was given by Mr.Naresh Babu, Proprietor, Gopikrishna Paradise, Chennai. In the complaint he has stated that he is the lessee of Gopikrishna Theatre belongs to one Jayaraman Naidu from whom he has taken lease for five years and he has been screening movies right from December, 2009 and he is a Distributor of Tamil films. Further the defacto complainant had paid a sum of Rs.25 lakhs as an advance to Mr.Karthik, who is the Accountant of M/s Sun Pictures, for the distribution and screening of the tamil film VETTAIKARAN in his theatre. He has demanded receipt for the payment of Rs.25 lakhs paid by him. But the Sun Pictures refused to issue receipt by saying that in such big company receipt could not be issued. Therefore, he is neither having any agreement nor having any receipt for the payment made by him. Even after the release the said tamil movie Vettaikaran got the collection of Rs.10.00 lakhs only. Out of which the defacto complainant deducted Rs.5.00 lakhs which has to be paid to Sun Pictures and demanded the Sun Pictures to repay the remaining advance amount of Rs.20 lakhs. On 28.11.2012 when the defacto complainant approached the accused at their office to request to repay the balance amount of Rs.20 lakhs. At that time the accused asked him to not press the complaint given by him before the Distributors' Association and thereafter they will repay the amount due and payable to him. Further, the accused abused him with filthy languages and threatened him with dire consequences. Then he left from the place and gave a complaint before the before the Inspector of Police, Central Crime Branch, IX A Team EDF Wing II, Egmore, Chennai. On the basis of the said complaint FIR was registered in Central Crime Branch Crime No.601/2012 for the alleged offence under Sections 420, 294, 352 and 502(ii) IPC.