HC directs CCB to book film directors for cheating

Madras High Court today directed the Central Crime Branch, to register a case on a complaint of a production company "if it discloses commission of cognizable offence", against film director Gautham Vasudev Menon and four other directors of Photon Kathas Production private limited, for cheating.

Disposing of a petition by R Jayaraman, director of R S Infotainment private limited, Justice C T Selvam said "It is made clear that where a direction under section 156 (3) Cr.P.C stands issued by a jurisdictional magistrate, it shall be incumbent upon the police to register a case and investigate thereupon".

The petitioner's counsel contended that R S Infotainment private limited had produced several box-hit movies. After its Tamil film 'Vinnai Thandi Varuvaya' was a super hit movie, they made a remake of the movie in Hindi under the title 'Ek Deewana Tha' and entered into a tri-partite agreement with Photon Kathas production company along with M/s Fox Star Studios production company on May 16, 2011.

As per the agreement, Infontainment and Photon has to invest 25 per cent each of the total cost of 11 crore and the remaining by Fox Star and the profit sharing ratio was also the same.

However, after the release of the movie, without the knowledge of Infotainment, Photon collected 50 per cent share from Fox Starand and did not pay 25 per cent share to Infotainment.

Though Infotainment lodged a complaint to the police, no action was taken. When they approached a Magistrate court, it directed the police to take action. However, there was no progress. Hence they moved the High Court.

Disposing of the petition, the judge said in keeping with a judgement of the Supreme Court, the Deputy Commissioner, CCB, Chennai was directed to register a case on the complaint of the petitioner, if there was a commission of cognizable offence. However, if any doubt arises, the Deputy Commissioner may conduct an inquiry.