SHIBU K. Vs. C. S. PADAM CHAND

JUDGEMENT

(1.) The Criminal Revision Case is filed against the order, dtd. 23/7/2024, in Crl.M.P.No.17288 of 2024, passed by the learned Metropolitan Magistrate For Exclusive Trial of CCB Cases (Relating to Cheating Cases in Chennai) and CBCID Metro Cases, Egmore, Chennai- 08.

(2.) Mr.N.Manokaran, the learned counsel appearing for the petitioner would submit that the petitioner is a Film Producer. In 2018, he produced a film titled, 'Saamy 2,' directed by Hari and acted by Vikram. He invested a lot for the production of the said film. Thereafter, he gave area wise distribution right to various distributors who approached him to buy the film. The petitioner gave Chengalpat area to one M/s.Volmart rep. by Mr.Sai Baba for the consideration of Rs.6,00,00,000.00. For that purpose, a Minimum Guarantee Agreement, dtd. 27/8/2018, was executed with him.The 1st respondent also entered into a Minimum Guarantee Agreement, dtd. 5/9/2018, with the petitioner's Thameems Films for distribution of "Saamy 2" in Chennai City area. Similarly, the petitioner entered into an agreement dtd. 20/9/2018 with C.S. Padam Chand by giving him distribution right of the said film for the areas of Coimbatore, Erode, Nilgiris and Tiruppur District for Rs.4.50 crores, and 1st respondent paid Rs.2,00,00,000.00 only. He failed to pay the balance Rs.2,50,00,000.00 as agreed under the said agreement. The petitioner is not having a copy of the said agreement, since it was signed during late night on 20/9/2018 and retained by the 1 st respondent.

(3.) The petitioner submits that later, he demanded the outstanding dues from the 1st respondent in person and by e-mail. While so, M/s. HR Pictures produced a film titled as 'Thugs' acted by the petitioner's son as a hero. On smelling that, the 1st respondent appears to have issued a Notice for Arbitration, dtd. 18/2/2023, to the petitioner's previous office address, which was closed in April, 2019 itself, wherein the 1 st respondent referred Clause 17 of the bogus Temporary Transfer of Copy Rights Agreements, dtd. 20/9/2018. It was not served on the petitioner due to wrong address given by the 1st respondent. In order to prevent the release of the film 'Thugs', the 1st respondent filed O.A. Nos.130 and 131 of 2023 before this Court against the petitioner, projected two different fraudulent Temporary Transfer of Copy Rights Agreements, dtd. 20/9/2018. In which, he prayed for an order of interim injunction restraining the petitioner from releasing the film 'Thugs'. This Hon'ble Court was pleased to grant an order of exparte ad interim injunction on 21/2/2023. Immediately, after receipt of the notice, the petitioner filed a counter affidavit inter alia disputing the agreement dtd. 20/9/2018 relied upon by the 1st respondent, as forged and Impersonated.