NEWS TELEVISION INDIA LTD Vs. ASHOK D WAGHMARE

JUDGEMENT

(1.) Heard the learned Counsel for the applicant. None appears for the respondent though he is served.

(2.) The applicant is challenging the order of issuance of process by the metropolitan Magistrate, 10th Court, Andheri, Mumbai dated 8-9-2000 in criminal Case No. 144/s/2000. The petitioner No. 1 is a Company incorporated under the provisions of Companies Act and is the media agent of the T. V. network which is based at Hongkong known as STAR T. V. network which comprises of various Channels and the petitioner No. 1 acquires, produces and exports Indian Television Programmes for STAR T. V. The petitioner No. 1 collects revenue which is earned through advertisement on behalf of the STAR t. V. and also subscriptions for pay channels.

(3.) The respondent No. 1 filed a complaint against the petitioners under the bombay Prevention of Gambling Act, 1887 and Prize Competition Act, 1955 in which it was alleged that broadcasting of the programme "kaun Banega crorepati" by the petitioners is an offence punishable under sections 9, 10, 11 and 12 of the Prize Competition Act, 1955 and under sections 4, 12 and 12a of the Bombay Prevention of Gambling Act, 1887 read with sections 34 and 114 of the Indian Penal Code.