SOMNATH GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for further investigation for the 2 time and against an order dtd. 21/2/2019 passed in Criminal Motion being No. 199 of 2018 (Somnath Gupta v. Kumkum Dey) passed by the learned Additional District and Sessions Judge (1 Court) at Serampore, thereby affirming the order dtd. 7/5/2018 of the learned Judicial Magistrate, 5 Court, Serampore in G.R. 1572 of 2015.

(2.) The petitioner's case is that the petitioner had got a License as a Film Director, being Membership No. 416, from Eastern India Motion Picture Directors' Association, having its registered No. i.e. 17690 (T.U. Act) dtd. 17/1/2013 affiliated to FCTWEL, 30, Chandi Ghosh Road, Kolkata-700 040.

(3.) The petitioner got the Producer License in the name and style of "M/S. S. G. FILM PRODUCTION" from Eastern India Motion Picture Association (EIMPA) and also membership of distributor being Membership card No. D-6119 issued by the Eastern India Motion Picture Association (EIMPA) and completed the shooting of a Bengali film "O-Kay ..? At Night in the Forest (Bengali)" by spending a sum of Rs.37,71,500.00 and thereafter the petitioner sent the film to the Central Board of Film Certification, Government of India for License Certificate and got the permission on 9/1/2015 from the concerned authority. On 18/1/2015, the respondent no. 2 the actress of the above mentioned film came and requested the petitioner to hand over the Censor Copy of the DVD with promise to return but unfortunately after lapse of time the Censor Copy DVD was not returned by the respondent no. 2 in spite of repeated requests by the petitioner.