PRAFULLA MOHANTY Vs. ASHOK KUMAR DAS

JUDGEMENT

(1.) This patition has been filed under Section 482 of the Code of Criminal Procedure to quash the proceedings initiated against the petitioner in I. C. C. No. 54 of 1983 in the court of the learned Chief Judicial Magistrate, Cuttack. On a complaint petition filed by the opposite party against the petitioner the learned Chief Judicial Magistrate by order dated 28 -2 -1983 took cognizance under section 420 I. P. C. and summons have been issued against the petitioner. It is this order of the learned Magistrate which is under challenge in this case.

(2.) THE case of the opposite party (complainant) is that the petitioner was an old college friend of his. The opposite party had written a number of traditional folktales in English language and the petitioner had suggested to the opposite party that he had contact with reputed publishers in English with whom he could make arrangements for publication of the folk -tales which would fatch good money to the opposite party towards royalty as the author. The opposite party believed the representation of the petitioner and around the year 1974 delivered twenty -five stories written by him in English to the petitioner. A few months before filing the complaint, petition the opposite party came acrosses a book named 'Indian Village Tales' published in England in 1975 under the authorship of the petitioner and in that book thirteen stories described in the schedule to the complaint petitioner which had been given by the opposite party to the petitioner were published, without acknowledging the authorship of the opposite party. According to the opposite party, the petitioner deceived him and not the stories published under his own name as the author thereby committing an offence punishable under Section 420 I. P. C. The opposite party has also alleged in the complaint petition that the petitioner had committed offences under sections 405 and 120 -B of the Indian Penal Code and under Section 63 of the Copyright Act. Along with his complaint, petition, the opposite party has filed a photo -stat copy or a lettter dated 2 -10 -74 alleged to have been written by the petitioner to the opposite party. The learned Magistrate recorded the initial deposition of the opposite party on 28 -2 -1983 and took cognizance under Section 420 I. P. C.

(3.) IN the result, this petition is allowed and the criminal proceeding against the petitioner in I. C. C. No 54 1933 in the file of the learned Chief Judicial Magistrate, Curtack is quashed.