HC quashes criminal case pending against Sudha Raghunathan, others

CHENNAI: The Madras High Court on Thursday quashed a criminal case against Carnatic vocalist Sudha Raghunathan and others associated with the South Indian Music Companies Association (SIMCA) pending before the XVIII Metropolitan Magistrate, Saidapet.

"This case is about the civil dispute and could not be entertained before the XVIII Metropolitan Magistrate Saidapet. Therefore, the criminal case pending on the files of the magistrate court is quashed," Justice G Chandrasekharan observed.

The judge passed the orders on hearing a petition filed by SIMCA, its president Sudha Raghunathan and other officer bearers of the association. The petitioners sought a direction to quash the proceedings pending on the file of XVIII Metropolitan Magistrate, Saidapet for offences under Sections 420 - cheating and 506 (ii) - criminal intimidation filed by a private company.

"SIMCA, being an association has several music companies as its members. In September 2012, SIMCA and a private company named Gemini Audio and Gemini Entertainment Mobile India Services entered into a master agreement for getting music labels and music content for the mobile platforms from the music companies through the SIMCA. Since the private company failed to fulfil the requirements and rules said in the agreement, the agreement stood automatically cancelled. Therefore, SIMCA stopped offering music content to the private company. This prompted the company to complain against the SIMCA, " the petitioner submitted.

The petitioner also noted that as per the agreement, the complainant had agreed to pay the amount in three terms for three years as Rs 8.5 crores, Rs 9.35 crore, and Rs 10.285 crore for the three terms in 2012-2013, 2013-2014, and 2014-2015 respectively only for the mobile platforms.

"However, the complainant paid only Rs 2.70 crore to the SIMCA. Thereafter, the company did not make any payment. However, the complainant had utilized the music contents offered by the SIMCA from September 2, 2012, to December 1, 2012. It cannot lodge a complaint under Section 402 and 506 (ii) as cheating and criminal intimidation will not apply to this case, " the SIMCA's counsel argued.

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