M/S G.G. Photo Limited vs The State of Bihar

This application under Section 482 of the Cr.P.C. has been

filed to quash the order dated 08.09.2009 passed by Judicial

Magistrate, Ist Class, Muzaffarpur in Complaint Case No.2927 of

2008 under Sections 418, 420 and 120B of the IPC and also the order

dated 11.11.2013 whereunder non-bailable warrant of arrest has been

issued against the petitioners.

Heard both sides and perused the record.

The facts in brief is that the Opposite Party No.2 filed a

complaint case on the file of CJM, Muzaffarpur alleging inter-alia that

their firm deals business of distribution of Film in the State of Bihar

and Jharkhand. The firm is duly registered under Bihar and Jharkhand

motion picture association having its office at Muzaffarpur and

Branch office at Patna. The petitioners approached the complainant

(Opposite Party No.2) for release of movie ''Abhay'' and in this regard

they had telephonic conversation on 28.02.2002. The said movie was

to be released on 01.03.2002 but the producers did not release the film

on the date fixed rather the same was deferred to be released in

future. As per prevalent practice, the petitioners had to send

registration certificate/letter to the complainant in the name of

Secretary, Bihar Motion Pictures Association (hereinafter referred as

''Association'') so that the registration of the film in the name of

Opposite Party no.3 be done for entire Bihar and Jharkhand territory

for a period of ten years. The Opposite Party No.3 was required to

submit a forwarding letter along with the said registration letter to the

Association with required fee of Rs.1500/-. The association gave a

provisional registration letter to the Opposite Party No.2 on

01.03.2002 for a period of four weeks and during this period, the

petitioners was required to send the form no.2A (Producer''s-

Distributor''s Certificate) but the petitioners did not send the

prescribed form and other relevant papers. The complainant gave

repeated reminder to make the necessary arrangement but to no effect

and the petitioner failed to comply the promise. The complainant in

such circumstance could run the movie only for four weeks. The

complainant gave an amount of Rs.2 lacs through demand draft

no.320386 dated 19.11.2001 and an amount of Rs.1 lac through

demand draft no.773119 dated 02.02.2002. Besides the payment of

distribution fee, the complainant paid a sum of Rs.41,400/- towards

the supply of raw stock for the print of the movie Rocky which was

not supplied to the Opposite Party No.3. It has been submitted that the

petitioners were liable for payment of entire amount along with

interest total amounting to Rs.10,79,822/-. The petitioners have thus

cheated the complainant and so the court below has rightly taken

cognizance against the petitioners.

Learned APP opposed the submissions.

On perusal of complaint petition, counter affidavit and

annexures on record, I find that the Opposite Party No.2 had paid an

amount of Rs.3 lacks to the petitioner as per demand drafts. The

petitioners had agreed to give the right of distribution of movie

''Abhay'' for its release in Bihar and Jharkhand territory. The movie

was although released on 01.03.2002 but the petitioners did not send

the form 2A (purchaser/distributor certificate) even after deposit of

required fee of Rs.1500/-. The complainant could run the movie only

for four weeks for want of form 2A. The complainant was thus put to

loss on account of non-compliance of terms and conditions of

agreement by the petitioners. The complainant in course of inquiry

and other witnesses have stated that the petitioners have cheated the

complainant and committed breach of trust by retaining the amount

which was given to them as per demand draft. From Anneuxre-3A of

supplementary counter affidavit, it appears that the petitioners had

requested the Bihar Motion Pictures Association for registration of

film ''Abhay'' in favour of complainant for a period of ten years from

the date of release of said film. It further shows that the complainant

had deposited Rs.15,00/- as required fee for provisional permission of

release of picture and its registration. The conduct of petitioners

prima-facie constitute the offence under Sections 420, 418 and 120 of

the IPC.

The learned Magistrate after going through the materials

on record found prima-facie case for the offence in question and

accordingly summoned the petitioners. The impugned order does not

suffer any illegality requiring interference under inherent jurisdiction.

This criminal miscellaneous application is devoid of

merit and is accordingly dismissed.