Final Order 1

Order Details: Order below Ex-1
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IN THE COURT OF THE METROPOLITAN MAGISTRATE,
RAILWAY COURT, ANDHERI, MUMBAI
C. C. No. 154 / SW / 2018
Pradeep Kuldeep Singh ...Complainant
V/s.
Durgesh Rajbahadur Singh ...Accused
ORDER BELOW EXH. 1
1. Perused the record. Read complaint. The complainant
has prayed to issue process against the accused for the offences
punishable under Sections 406 and 420 of the Indian Penal Code. I
have also gone through the verification statement of the complainant.
2. Perusing the documents alongwith the complaint. It is
seen that present complainant is the Producer of Bhojpuri film “Khoon
Bhari Hamar Maang” and has sold Electronic Media Rights office film
to the accused of Rs. 30 Lacs on 12/06/2014. Out of which as per the
complainant, accused has paid only Rs. 5 Lacs and failed to pay the
balance amount. Thereafter, accused has voluntarily relinquished all
his Rights in the said film by NOC dated 16/12/2017 and mentioned
that those Rights shall be treated as cancelled and shall be reverted
back to the complainant. Complainant submits that accused on
20/04/2015 issued a letter and accepted that he has received hard
disk of the said film and shall make the balance payment within one
month. But he has not paid the same and has illegally uploaded the
said film on YouTube. Accused has cheated complainant and has
committed breach of trust therefore, he has filed present complaint
and prays for issuance of process against the accused.
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3. Matter was sent for inquiry under Section 202 of the Code
of Criminal Procedure and police has filed negative report. Perusing
the contents of the complaint and verification of the complainant on
record it is clearly seen that the case of the complainant that the
accused has breach the contract. Inquiry papers of the police shows
the second face of the coin. As per available evidence on record
ingredients of offences punishable under Sections 406 and 420 of the
Indian Penal Code are not attracted. Considering the record, I am of
the opinion that there are no sufficient grounds to proceed against the
accused. Therefore, the complaint is dismissed vide Section 203 of the
Code of Criminal Procedure.
Sd/
(Nilesh V. Bansal)
Metropolitan Magistrate,
Date : 20/12/2023 Railway Court, Andheri, Mumbai.
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