K.B.PICTURES Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, learned counsel appearing on behalf of the opposite parties and also learned counsel for the State.

(2.) BOTH the cases are being heard together and are being disposed of by a common order with the consent of the parties as they relate to the same transaction.

(3.) THE complainant Shyam Bahadur Singh is dealing in film distribution and financing business at Munger and he had connections with film business at Mumbai. The petitioners, who are accused in this case, are engaged in production of Hindi films. It has been specifically stated that the petitioners have produced a Hindi film titled "Pardeshi Babu" starring Govinda, Ravina Tandon and others. It is alleged that the petitioners were in need of finance and had approached the complainant who is in the, financing business, to lend an advance of a sum of Rs. 40 lacs for the production of the said picture. It is said that the complainant paid Rs. 40 lacs to petitioners no. 2 who is the proprietor of M/s K.B. Picture as per agreement dated 18.11.1996. Later on, a dispute arose between the complainant and the accused persons and the matter went up to the Bombay High Court in ordinary civil jurisdiction and Rs. 16,50,000.00 was paid by petitioner no. 2 to the opposite party no. 2 at the time of release of the film "Pardeshi Babu".