KALPANA KUTTY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is a proprietor of a firm which undertakes executive production of advertising and cinematography films. The petitioner entered into a contract with one Mercurio Cinematografics. The petitioner was to organise production of a 60 seconds film to be used for promotion of Asian Games 2006 to be held in Doha Qatar. The petitioner was to organise for the shooting of the said 60 seconds film to be filmed in India. The petitioner produced the said Indian Part of the film. As monies were not paid as agreed and as demanded by the petitioner, the petitioner filed a complaint under Section 51 of the Copyright Act against the accused with Antop Hill Police Station. The case of the petitioner is that though the offence committed under Section 51 of the Copyright Act is punishable with imprisonment for a term of upto three years and fine and hence a cognizable offence, yet the FIR was not registered. Hence the present Petition.

(2.) In this Petition, following questions arise :-

(3.) The learned counsel appearing for the petitioner and the learned APP have addressed us on the above questions.