SANDEEP PAL SINGH WARAICH Vs. SUBHASH CHANDRA GOEL

JUDGEMENT

(1.) THIS petition is directed against the judgment and order dated 28.06.2001 passed by learned IV Additional District and Sessions Judge, Thane in Criminal Revision No.37 of 2001. By the said judgment and order, the learned Sessions Judge allowed the Criminal Revision and discharged the respondent - original accused of the offence punishable under section 52-A and 63 of Copy Right Act, 1957 from Criminal Case No.1055 of 2000.

(2.) THE case of the petitioner-original complainant is that he had produced a film "Jaan Se Badhkar". On 21.12.1995, he entered into a written agreement with one Mr. Amol Borde whereby he agreed to assign various rights in the said film as set out in the agreement for a consideration of Rs.4,05,000/-. Mr. Borde gave a token amount to the complainant, however, he failed to pay the balance amount and neglected to take delivery of material of the film "Jan Se Badhkar". According to the complainant, on account of this, he rescinded the contract between Mr. Borde and himself by issuing notice dated 09.11.1996. According to the complainant, prior to approaching Mr. Amol Borde, the complainant had approached the respondent No.1. He gave the respondent three trials of the film on three different occasions in the year 1995. The respondent expressed his desire to purchase the picture but later on he did not purchase the picture, therefore, the complainant approached Mr. Amol Borde and executed the agreement with him. However, according to the complainant, he had apprehension that the respondent had obtained copy of cassette of the said film and retained the same with him without the consent of the complainant, hence, he issued two notices to the respondent dated 09.11.1996 and 08.12.1997 stating therein that he had entire rights of the movie and the respondent could not telecast the same. However, the movie was telecast on 26.11.1997 on Zee Cinema and on 22.01.1998 on EL Zee India T.V. According to the complainant, as he has entire rights of the movie "Jaan Se Badhkar"and no rights were with the respondent, the respondent being the chairman of Zee Telefilms Ltd. could not have telecast the movie. By telecasting the movie, he committed an offence punishable under section 52-A and 63 of Copy Right Act, 1957.

(3.) ONE very vital aspect of this mater is that the telecast were on 26.11.1997 and 22.01.1998. However, the complaint has been lodged after a lapse of about two years. This delay is inordinately long and the complaint is totally silent on this aspect of delay.