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KAMAKSHI S. MEHLWAL

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CASE NO.:

Appeal (crl.) 129 of 2003

PETITIONER:

Ajay Mitra

RESPONDENT:

State of M.P. & Ors.

DATE OF JUDGMENT: 28/01/2003

BENCH:

S. Rajendra Babu, Brijesh Kumar & G.P. Mathur.

JUDGMENT:

JUDGMENT

(Arising out of S.L.P.(Crl.) No.914 of 2002)

With Crl. Appeal Nos.130-132 of 2003 (Arising out of S.L.P.

(Crl.) Nos.1710-1712 of 2002)

Mathur, J.

Leave granted.

These appeals by special leave are directed against the

judgment and order dated January 16, 2002 of High Court of

Madhya Pradesh, by which three Petitions filed by the appellants

under Section 482 Cr.P.C. were dismissed.

M/s Cadbury Schweppes Beverages India Private Ltd.

entered into three identical Bottling Agreements with the

complainant, Sanjiva Bottling Company Private Limited on March

1, 1996 pursuant to a Master Trademark License entered into by

associate companies of Cadbury Schweppes plc. United Kingdom

and Cadbury Schweppes Beverages India Private Limited. In

terms of these three agreements, M/s Sanjiva Bottling Company

was authorised to manufacture and sell certain specified beverages

under specified trademarks owned by Cadbury Schweppes plc.

U.K. or its associate companies. The agreements contained

identical clauses with regard to their respective terms and

conditions and provided that they shall continue for an initial term

of five years and for further successive period of five years, unless

terminated by either party by giving to the other not less than 12

calendar months notice in writing to terminate the agreement. On

July 29, 1999, Atlantic Industries (a wholly owned indirect

subsidiary of The Coca-Cola Export Corporation, USA) purchased

about 3500 trademarks in 155 countries from Cadbury Schweppes

plc., upon which the bottling agreements between Cadbury

Schweppes Beverages India Pvt. Ltd. and Sanjiva Bottling

Company were duly assigned to Atlantic Industries and an

information regarding the same was given to Sanjiva Bottling

Company in writing. On February 14, 2000, Atlantic Industries

gave notice in writing to the complainant, Sanjiva Bottling

Company that the bottling agreements shall not be renewed after

their expiry on February 28, 2001.

Sanjiva Bottling Company through its Director, Rajiv Mehta

filed a criminal complaint against 11 accused including the

appellants in the Court of Judicial Magistrate, First Class, Bhopal

on July 24, 2000 for their prosecution under Section 420 read with

Section 511 IPC. The accused no.1 arrayed in the complaint is

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Cadbury Schweppes Beverages India Pvt. Ltd. (A-1) and

accused nos.2 to 5 are Chairman, Managing Director and Finance

Director etc. of the said Company. Besides them, Coca Cola

India (A-6), Alex Von Behr, President and Chief Executive Officer

(A-7). Nitin Dalvi, Vice-President, Strategic Business, Planning

and Information Services (A-8) and Samip Shah, Vice-President,

Business Development of Coca Cola India, (A-8) Ajay Mitra,

Regional Operational Director, Hindustan Coca Cola Beverages

Pvt. Ltd. (A-10) and Steve M. Whaley, Vice-President and General

Tax Counsel, Atlantic Industries (A-11) have been arrayed as

accused nos. 6 to 11. The case set up in the complaint is that the

complainant is engaged in the business of bottling soft drinks since

1983 at Bhopal. The complainant was approached by A-1 in 1995

to discontinue its competing brand ’Sprint’ and a Memorandum of

Understanding was signed on October 9, 1995. Thereafter, an

agreement was entered into between the complainant and A-1 on

March 1, 1996 by which the complainant became one of the

bottlers of A-1, made investments in the bottling plant and also

promoted the sales of A-1 in its area. By a letter dated July 29,

1999, A-1 informed the complainant that the brands Schweppes,

Crush and Canada Dry and associated brands in India would be

acquired by a member of the Coca Cola group of companies.