- (1.) The instant hearing arises out of an application under Sections 397, 401 read with 482 of Code of Criminal Procedure.
(2.) Shortly put, the case of the petitioners are they run a business of production of Bengali Films and Television Serials for a long period of 22 years. The O. P. No. 1 runs a small audio cassette company. When the complainant/O. P. came to know about the launching of a new venture in the name of "Tok Jhal Misti" a 500 episode Bengali Mega serial to be made by the petitioners, he approached the petitioners to procure the rights of release of audio cassettes on usual business terms. It was then agreed by the parties to release the audio cassettes of the said Bengali serial on the basis of payment of royalty by O. Ps. in proportion to the sale of such audio cassettes. A contract was entered upon by the parties to the proceeding on 10.3.2000, for the aforesaid purpose. The O. P. paid a sum of Rs. 10,000/- as advance against royalty. It is further alleged, in the meantime two years already elapsed and the petitioners often enquired about the sale of audio cassettes of their serial and also for further payment and statement of accounts. But O. P., sat tight over the matter and did not makp any payment towards further royalty. All on a sudden the petitioners got a notice of a criminal proceeding initiated by the O. P. under Sections 420, 120B, Indian Penal Code before the Metropolitan Magistrate, 15th Court, Calcutta with a copy of the complaint. It is contended that since the audio Dat Master of Bengali Television Serial, Tok Jha! Misti in respect of eight songs had already been supplied to O. P. No.1, as per terms of the contract, agreed upon between the parties, there was no dishonest intention on the part of the petitioners to cheat, as they duly performed their part of contractual obligation. It is further alleged that the criminal proceeding which was initiated against the petitioners is absolutely frivolous, bad in law and in the aforesaid background the petitioners through the instant application, have prayed for quashing the complaint case being No. C/1642/02 pending before the Metropolitan Magistrate, 15th Court, Calcutta.
(3.) Only point for my consideration is, in the facts and circumstances of the case, should the proceeding of the complaint case as mentioned above, be quashed or not?;