PRANAB KUMAR MITRA Vs. DILIP PAUL

JUDGEMENT

(1.) The petitioners in this case are employees of the Gramophone Co. of India Ltd., who have filed this Revision Petition under Section 401 read with Section 482 of the Code of Criminal Procedure for quashing a criminal proceeding started against them by the O.P. No.1 Dilip Pal as the authorized representative of M/s. Dipti Pal Production in the Metropolitan Magistrates Court under Section 420 and 420/ 120B of the Indian Penal Code.

(2.) It appears that M/s. Dipti Pal Production had entered into two separate Agreements with the Gramophone Co. of India Ltd., transferring the copyright, performing right and all other right, title and interest in and to the literary, dramatic and musical works including all rights of publication, sound, television broadcasting etc., embodied in two films of the said production named Parabat Priya; and Anurager Chhoa on-the terms and conditions set forth in the Agreements. Both the agreements were in the set printed forms of the Gramophone Co. of India Ltd. and they contained terms regarding the payment of royalty at specified rates. The Opposite Party No.1 has since filed a petition of complaint before thy Chief Metropolitan Magistrate, Calcutta against the revision petitioner alleging that although both the feature films and their songs were super hit in the market, the Gramophone Co. of India Ltd. did not pay the stipulated royalty nor did it send the account of sale of the records, cassettes etc. at stated intervals as agreed to between the parties. The complainant specifically referred to the feature film Anurager Chhoa and complained that the Gramophone Co. had cheated the complainant Production by inducing it to transfer the copyright of the film fraudulently. The Learned C.M.M.-in charge took cognizance of the offences u/s. 420, 420/120B, I.P.C. on the basis of the petition of complaint and transferred the case to the 11th Court of Metropolitan Magistrate who after examining the complainant and the witnesses issued summons upon the accused persons under the aforesaid sections of the Indian Penal Code.

(3.) Neither the complainant Opposite Party nor the State of West Bengal who were served with notices has appeared to contest the petition.