DAGA ENTERPRISES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for both the sides.

(2.) Perused the relevant papers.

(3.) "Dharam Kanta" symbolises the "scale of justice". However, the irony is that the producer of the film Dharam Kanta has himself to knock the doors of the Court to get justice. The said film is produced by the second respondent herein who is original complainant and who enjoys a wide reputation in the film world as a renowned Producer and Director of celluloid films and there are several of such highly acclaimed films to his credit. He produced this film in the year 1980-81 with an imposing star-cast and also with an equally imposing grandeur. The first petitioner is a registered partnership firm carrying on the business at Calcutta while the second and third petitioners who are the husband and wife are the partners of the said firm. It is in relation to the said film that certain disputes ultimately obliged the respondent-complainant to file a criminal complaint in the Court of the learned Additional Chief Metropolitan Magistrate, 9th Court, Bandra, Bombay for the offences under sections 420 and 409 read with section 34 of the Indian Penal Code against the three petitioners herein. Three petitioners herein are original accused Nos. 3, 2 and 1 respectively. The complaint projects quite vividly all the necessary details formulating the said offences for which the trial is sought for. The petitioners on the other hand claim that no prima facie case has been made out to justify issuance of process and therefore they have approached this Court under section 482 of the Code of Criminal Procedure invoking the inherent powers for quashing of the criminal proceeding. Only a few salient features as are reflected in the complaint and in various documents and which have been canvassed on behalf of the complainant can be catalogued without embarking on any full-fledged process of appreciation of evidence.