SUPER CASSETTES INDUSTRIES LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") has been filed by the petitioners for setting aside the order of cognizance dated 28.04.2011 passed by the learned Judicial Magistrate, 1st Class, Patna under Sections 406, 120-B and 420 of the Indian Penal Code in Complaint Case No. 335(C) of 2011.

(2.) As per complaint, the case of the complainant is that on 08.01.2011, Ajay Kapoor and Abhay Sinha reached to his office along with Sikandar Khan and requested him to purchase the distribution right of the film "Patiala House" produced by M/S Super Cassettes Industries Limited and People Tree Film Pvt. Limited starring Akhay Kumar, Anushka Sharma etc. and directed by Nikhil Advani for the territory of Bihar & Jharkhand. He was not interested in the above said film, but due to great persuasion of Sikandar Khan and request of Ajay Kapoor, he agreed to purchase the distribution right of the said film and paid a sum of Rs.15 lacs by cheque in favour of M/S Super Cassettes Industries Pvt. Limited on 12.01.2011. After receiving the said cheque, Bhushan Kumar returned back to Bombay and sent a deed of licence, which was received by him on 23.01.2011. Again, on 27.01.2011, he paid Rs.15 lacs to the producers of the said film. After making payment of Rs.30 lacs, he came to know that the licence of the said film, which had been granted by the producers, is non est and he felt that he has been cheated by the producers of the film. On 02.02.2011, he informed Mr. Sikandar Khan regarding the criminal acts of the producers. Thereafter, Sikandar Khan contacted Ajay Kapoor, who told on telephone to him that he is ready to reduce the price of the said film from Rs.1.09 crores to Rs.71 lacs.

(3.) It is further alleged that due to inducement and misrepresentation of the producers of the said film, the complainant became ready to continue with the void agreement and after getting censor certificate of the said film, the accused persons terminated the licence on 03.02.2011 and assigned the distribution right for the said territory of the said film to one Abhay Sinha.