UMA SHANKAR GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State. The opposite party No. 2 has not appeared in this case in spite of valid service of notice upon him.

(2.) The petitioners are aggrieved by the judgment dated 6th August, 2003 passed by the learned Additional Sessions Judge, Fast Track Court-Ill, Chaibasa, in Cr. Appeal No. 2001 and Cr. Appeal No. 10 of 2001 whereby, the Court below has upheld the conviction of the petitioners under Section 68-A of the Copyright Act, 1957 and they were sentenced to pay the fine of Rs. 10,000/-each and in default thereof, they were to undergo simple imprisonment for a period of three months each. These appeals were filed against the judgment dated 20.12.2000 passed in G.R. No. 7 of 1996/T.R. No. 61 of 2000 and the judgment dated 27.1.2001 passed in G.R. No. 7 of 1996/T.R. No. 207 of 2001 by the learned Judicial Magistrate, 1st Class, Chakradharpur at Chaibasa. It may be stated that the appellate Court below had found the petitioners not guilty for the offence under Section 7(l)(a) of Cinematograph Act, for which also petitioners were convicted by the trial Court.

(3.) It appears from perusal of the impugned judgment that the petitioners are the owner and employees of a video hall at Chakradharpur and they have been made accused in Chakradharpur RS. Case No. 5 of 1996, for the offence under Section 420 of the IPC, Section 7(1)(2) of Bihar Cinema Act, 1954 and Section 52-A of Copyright Act, 1957, which was instituted on the basis of the written report given by the informant R. C. Kumar, Proprietor of M/s. Prabhat Talkies of Chakradharpur, alleging that on 6.1.1996, the petitioners were engaged in exhibiting the feature film 'Karan Arjun' in their video hall at Chakradharpur. The said film was being shown in four shows, after making wide publicity and after realizing the money from the general public and the video hall had the capacity of 175 persons. It was further alleged in the written report that there was an agreement with the distributor for exhibition of the film 'Karan Arjun' with M/ s. Prabhat Talkies. In the meantime the owner of the said video hall had started exhibiting the said film. It was alleged that the copyright of the said film was reserved with one M/s. C. Y. International, Patna, and without their consent, the said film could not be exhibited in the video hall and if the same was exhibited, it would violate the Copyright Act. The distributor had not released the video Cassette of the said film for 'public exhibition'. The informant claiming to have the Power of Attorney from M/s. C. Y. International, Patna, filed the written statement to the aforementioned effect, on the basis of which Chakradharpur P.S. Case No. 5 of 1996 corresponding to G.R. No. 7 of 1996 was instituted.