Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 155 SW 2024 Vashu Vs Ali Abbas and ors.
CNR-MHMM18-012749-2024
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the complainant.
2. This is an application under Section 175(3) of Bharatiya Nagarik
Suraksha Sanhita, 2023, for short B.N.S.S., seeking direction to register
the offence against the respondents and carry out investigation in the
alleged acts.
3. The application is supported by affidavit. Compliance of Section
173(4) of B.N.S.S., also done. The offences alleged are of cognizable
nature. Thus, all the basic requirements are satisfied.
4. By way of this application running into 70+ pages, the applicant
contended that he is reknown film producer and authorized to file this
complaint by a company BMCM Films Limited, incorporated under laws
of England, having it’s local office at Bandra West, Mumbai. The
Respondent No.1, Mr. Ali Abbas Zaffar, works as film director and other
identical works having his deep association with Respondent No.2, Mr.
Himanshu Mehra, through their respective entities Abbas Zaffar Films
LLP and Jolly Jumper Films LLC. Respondent No.3, Mr. Ekesh Randive,
was finance head of the said companies of Respondent Nos.1 and 2.
5. In the month of February 2021, applicant signed four films with
Hindi Film Actor Mr. Akshay Kumar, including action comedy film
named as Bade Miya Chote Miya (for short B.M.C.M.). Then in the
month of November 2021, applicant approached Respondent No.1, Mr.
Ali Abbas Zaffar, for hiring him in position of the director and writer for
the said film. He was keen in accepting the proposal of the applicant with
premediated plan to defraud him and conditioned applicant’s offer to
appoint Respondent No.2, Mr. Himanshu, as his co-producer and
Respondent No.3, Mr. Ekesh, and his associates as a person to take care
of his accounts/audit and other related works, by falsely representing
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C. C. No. 155 SW 2024 Vashu Vs Ali Abbas and ors.
CNR-MHMM18-012749-2024
them as his associates to manage the film and their efficiency and
capacity to assist him in production of high budget films for a fee and
producer credit with the applicant.
6. It is informed by Respondent Nos.1 and 2, to the applicant that
Respondent No.3, Mr. Ekesh, is finance head of their entities and his own
team manages accounts, expenses and audit of the money spend by
producers. They will only work with him in relation to managing
accounts and keep track of everyday expenses, representing himself as the
person, who can be trusted.
7. The respondents personally assured the applicant that they will
submit all expenses for his prior written approval and only after obtaining
such approval they will incur the expenses. With intention to defraud the
applicant and win over his trust respondents informed to him that he will
have live tracking of expenses. Relying on their false representations,
applicant allotted the different jobs to respondents as mentioned above
after execution of relevant agreements, in the month of February 2022,
between applicant and companies of respondents and in their personal
capacity. The minimum production cost of the film was fixed at Rs.125
crores, except remuneration/fees paid to lead actors, and it is agreed to be
paid by applicant.
8. After these initial dealings the film was completed, but during this
long span of making and distribution of film, applicant alleged that
respondents committed following acts to cheat and defraud him, as -
i. The Respondent No.1, from very inception of the transaction was intending
to defraud the applicant and in collusion and connivance with other
respondents compelled applicant to enroll to Respondent Nos.2 and 3, into the
transaction for pursuing other jobs for completion of film.
ii. Immediately after entering into agreements in the month of February 2022,
as respondent Mr. Ali Abbas, charged heavy fees the applicant demanded film
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CNR-MHMM18-012749-2024
script. But it was furnished belatedly in the month of July 2022, in breach of
contract.
iii. Respondents prepared recce budget for film shooting at various locations,
despite agreed by them that they will not incur any expenses and provide live
tracking of expenses to applicant with intention to cheat the applicant all the
respondents forged and fabricated accounts and claimed salary of their
employees and management staff, though they are there independent
employees.
But as applicant refused, respondents proposed in collusion with each
other, with intention to defraud the applicant they falsely proposed and
undertook that they will have larger role and act as co-producers and take on
over budget upon themselves. Respondents succeeded in luring the applicant
and gained his trust. Believing in good faith that respondents will pay over
budget applicant agreed for expenses beyond budget.
iv. In the month of September 2022, despite complainants existing inventory
of equipments respondents deliberately availed the various equipments such as
cameras, lenses, etc. from outside and siphoned off the funds through third
parties by receiving kick back in cash from them causing unlawful losses to
applicant.
v. The part of the film was shot in U.A.E. The respondents ignoring prior
arrangement of stay made by applicant, stayed in costly hotels and incurred
heavy expenses to it in violation of agreement though film was over budgeted.
vi. Considering increased cost of production, the applicant increased budget
and locked it at Rs.154 crores except remunerations to lead actors, but despite
that respondents ignored to cut production costs.
vii. Towards the expenses incurred for film shooting at Abu Dhabi, the rebates
were granted by it’s Government. The applicant being producer incurred all the
these expenses and entitled to those rebates. However, the respondents forged
certain documents ans signature of the applicant and unilaterally transferred the
said amount, running in several crores, in the account of the company, Jolly
Jumper Films, owned by one of the respondent without knowledge of the
applicant.
viii. The applicant sought details of expenses on several occasions, but
respondents had not provided it, though agreed by them. Finally after a back
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and forth amongst them, on 12.11.2022, respondents shared excel sheet
through email showing the figure of expenses as Rs.152.43 crores.
vix.With intention to cheat and defraud to applicant and cause illegal gain to
themselves, respondents directly approached vendors, crew, cast, etc. and
finalized figures without consultation with applicant and kept spending without
consent of applicant.
x. It is noticed by applicant that the expenses incurred are inflated and
respondents with intention to cheat the applicant, forged invoices and furnished
several other fabricated documents to the applicant.
xi. Respondents falsely assured the applicant that even flop film generates
Rs.200+ crores of revenue and falsely assured him of good returns for his cost
of production.
xii. The respondents utilized services of U.K. company through a Line of
Producer Agreement with their company Jolly Jumper Films, which was
controlled and operated by them through their offices only representing that the
said company did not have any business other than the production of the film
for the applicant. However, at the cost of applicant respondents availed
services of the said company for their another film Bloody Daddy, without
licenses and other requirements of law.
xiii. The applicant started supervising the production work. The respondents’
started behaving in opaque manner and hijacked and taken over the entire
production work. They suppressed material information and started vetoing the
executive decisions taken by the applicant.
xiv. The applicant made certain suggestions to add value to the film. But they
ignored it citing budgets, however, kept spending money sent by applicant for
no useful purpose.
xv. Respondents also deliberately sidelined the persons deputed by applicant to
look into the accounts and other works and siphoned off the amounts. They had
not provided the details of over budget expenses, running into several crores
incurred by them and wholly and conveniently kept the applicant into dark.
xvi. Respondents in the expenses incurred for services of traveling, catering,
etc. mislead the applicant and cheated him. They manipulated the accounts and
taken away several crores from the applicant. While doing so also they neither
obtained prior sanction nor provided invoices to the applicant.
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xvii. The budget for visual effects/VFX was locked at Rs.18 crores and the
applicant suggested a particular company. However, the respondents ignoring
applicant’s suggestions and without knowing him employed services of
another company and incurred additional expenses of Rs.42 crores, without
utilizing good offices of the applicant with the said company.
xviii. They incurred over budget in the same manner about shooting the film at
different locations and about the use of background music from the old film.
xix. The applicant and his son approached respondents for details of the
expenses, but respondents paid no heed towards their request. Rather,
continued with the demand of money for completion of other formalities after
completion of the film, such as obtaining license, distribution, taxation, etc.
xx. The applicant remained no option, but to incur expenses and losses. The
respondents deliberately, with intention to defraud the applicant caused these
expenses with a sole view for their wrongful gain.
xxi. The disputes cropped up due to conduct of the respondents. They started
defaming the applicant amongst fraternity and across several forums. They
even threatened applicant through unsocial means and also lodged false
complaints to defame the applicant.
xxii. The applicant came to know that the respondents possessed no required
skill, acumen and professionalism to complete the film production. Despite that
with sole intention to cheat him, shaking hands with each other by making
false representations they obtained film production work and fraudulently
obtained huge amounts from him under the pretext of production of film.
9. For the above mentioned reasons and as the applicant defrauded by
the respondents for those reasons and suffered huge loss, the applicant
approached Bandra Police Station and also filed applications before the
senior police officers, but no action taken. Therefore, he filed the present
application seeking direction to register the offence and investigate the
matter as per Section 175(3) of Bharatiya Nagarik Suraksha Sanhita,
2023. The submissions were made at length by Ld. Advocate for the
applicant. Those are in tune with contents of the application. Those needs
no repetition.
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10. All the facts, though pleaded in scattered manner, specifically
alleging that from very inception of the transaction respondents with
intention to defraud the applicant entered into agreements and did several
acts shaking hands with each other. They lured the applicant to pay
various amounts from time to time and in breach of the contracts incurred
expenses and not provided any particulars/account of those expenses.
These allegations are supported by several documents, including
agreement, payment vouchers, the cost sheets, WhatsApp chats, etc.
11. The total amount of alleged fraud and cheating in the several
transactions is very high. The number of transactions are also very high
and they are spread across several places. The evidence needs to be
collected involves several agencies and might be several number of
documents. Such exercise before the court and the collection of such
evidence in it, and bring it on record without assistance of police seems
difficult. The offences are cognizable and non-bailable and allegations are
serious. All these aspects leads to inference that thorough interrogation
seems necessary. Considering huge stake involved, wide ambit of
investigation and the above observations, the application needs to be
allowed and hence, following order -
ORDER
A. Application is allowed.
B. The P.S.O. Bandra Police Station, Bandra, Mumbai, is herewith
directed to register the offence under Sections 120-B, 406, 420, 465, 468,
471, 500 and 506, r/w.34 of Indian Penal Code, against Respondent Nos.1
to 3, and investigate the matter as per Section 175(3) of Bharatiya
Nagarik Suraksha Sanhita, 2023.
C. The certified copy of the application, Exh.1 along with all the
documents produced shall be sent to concerned police station.
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C. C. No. 155 SW 2024 Vashu Vs Ali Abbas and ors.
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D. Application is disposed off.
MUMBAI (KOMALSING RAJPUT)
DATE – 02.12.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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