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2003 Supreme(Bom) 451

J.G.CHITRE
Michael Jackson – Appellant
Versus
Michael Jackson Fashion (India) Ltd. & another – Respondent


JUDGMENT - CHITRE J.G., J.:---Petitioner Michael Jackson is assailing correctness, propriety and legality of the order passed by the Metropolitan Magistrate, 5th Dadar Court in Criminal Complaint No. 229/S of 1996-223/Misc of 1996, whereby process has been issued against him on account of complaint filed by respondent Michael Jackson Fashion (India) Ltd. a Public Limited Company, a incorporated and registered under Companies Act, 1956, having registered office at Chandra Industrial Estate, Chandra Milan, Old Nagardas Road, Mumbai and having its Corporate Office at 26 Laxmi Bhavan, Ram Maruti Road, Dadar, Mumbai through its authorised representative Mr. S.K. Sarpotdar qua offence punishable under section 420 r/w section 120-B of India Penal Code.

2. In the said complaint, of which the learned Magistrate took cognizance, allegations have been made against the petitioner, who happens to be a world famous pop singer, that in spite of entering into an agreement, he did not permit the respondent (original complainant) to use his name for encashing the logo in commercial world. He alleged that by entering into said agreement, by giving said false promises, petitioner and his associates who















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