BALBIR SINGH WALIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of Crl. Misc. No. 40404-M of 2007 and Crl. Misc. No. 31029-M of 2006 as common questions of law and facts are involved in both these petitions.

(2.) THE petitioners of both these petitions, seek quashing of Criminal Complaint No. 5/1 of 18.1.2006 titled 'Charanjit Singh Dua v. M/s. Dua Brothers and others' filed under sections 63, 65, 67 and 68 of the Copy Right Act, 1957 (for short the Act) and under sections 420/465/466/468/471/474/120-B IPC pending in the court of Shri Ranjan Khullar, Judicial Magistrate 1st Class, Ludhiana as well as the summoning order dated 21.4.2007 summoning the petitioners under section 420 IPC and under sections 64, 65 and 68 of the Act as also subsequent proceedings arising therefrom.

(3.) THE petitioner is one of the sleeping partner of M/s. Dua Brothers in view of the partnership deed dated 25.11.1996. Other partners of the firm are Sumeet Kaur, the real sister-in-law of the wife of the petitioner and the husband of Sumeet Kaur namely Inder Pal Singh who is the manager of firm M/s. Dua Brothers. The complaint filed against the petitioner reads as under : "1. that the complainant is the son of late S. Mohinder Singh Dua who at the time of his death was residing at 363-R, Model Town, Ludhiana. 2. that the father of the complainant was a partner from 1959 till 25.2.1986 in the firm M/s. Dua Brothers - accused No. 1. The dissolution deed of the said firm was executed on 26.2.1986, whereby S. Mohinder Singh Dua had retired from the firm w.e.f. 25.2.1986. 3. that the firm M/s. Dua Brothers was engaged in the business of manufacturing and sale of electric irons. 4. that complainant's father late S. Mohinder Singh Dua created an artistic work of a Label of Deson electrical iron by expending his personal skill and labour. The said artistic work was first published in 1960. As such, complainant's father S. Mohinder Singh Dua was the first owner of the said copyright. It comprised of the drawing and painting of the said Label of Deson electrical iron in a particular style, design and get up. The said artistic work was created by S. Mohinder Singh Dua individually without any collaboration with any other person. It was not under any contract and employment from any other firm, concern or other person, nor Mohinder Singh Dua had received any consideration to create the said work from any quarter. As such, the complainant's father S. Mohinder Singh Dua was the exclusive owner and proprietor of the said copyright as defined under section 14 read with Section 17 of the Copyright Act, 1957. The said facts are corroborated from the entries made in columns No. 7 and 9 of the Copyright Register dated 20.12.1988, a copy of which is attached herewith.