TaxTMI 
TaxTMI 
2022 (5) TMI 979
X X X X Extracts X X X X
X X X X Extracts X X X X
....referred to the present appeal. 2. That the appellant herein filed an application under Section 156(3) Cr.P.C. and sought directions from the learned Chief Metropolitan Magistrate for the registration of FIR against the respondent No.2 herein for the offences under Sections 51, 63 & 64 of the Copyright Act read with Section 420 of the IPC. By order dated 23.10.2018, the learned CMM allowed the said application and directed the concerned SHO to register the FIR under the appropriate provision of law. That pursuant to the said order, FIR bearing No.431 of 2018 came to be registered with PS Bawana. That thereafter respondent no.2 herein - original accused filed the present petition before the High Court with a prayer to quash the criminal pro....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ded for the purpose of classification of the offence. 3.3 It is submitted by learned counsel for the appellant that for the offences under Section 63 of the Copyright Act, the punishment shall be imprisonment for a term which shall not be less than six months but which may extend to three years. It is submitted that therefore the punishment of three years can be imposed for the said offence. It is submitted therefore that Part II of the First Schedule of the Cr.P.C. would be applicable. It is submitted that only in a case where the offence punishable with imprisonment for less than three years or with fine only offence shall be noncognizable. It is submitted that as per Part II of the First Schedule of the Cr.P.C,. if the offence is punish....
X X X X Extracts X X X X
X X X X Extracts X X X X
....h is posed for consideration before this Court is, whether, the offence under Section 63 of the Copyright Act is a cognizable offence as considered by the Trial Court or a noncognizable offence as observed and held by the High Court. 5.2 While answering the aforesaid question Section 63 of the Copyright Act and Part II of the First Schedule of the Cr.P.C. are required to be referred to and the same are as under: "63. Offence of infringement of copyright or other rights conferred by this Act. Any person who knowingly infringes or abets the infringement of (a) the copyright in a work, or (b) any other right conferred by this Act, except the right conferred by section 53A except the right conferred by section 53A shall be punishable wi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....imposed would be three years. Therefore, the learned Magistrate may sentence the accused for a period of three years also. In that view of the matter considering Part II of the First Schedule of the Cr.P.C., if the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence. Only in a case where the offence is punishable for imprisonment for less than three years or with fine only the offence can be said to be noncognizable. In view of the above clear position of law, the decision in the case of Rakesh Kumar Paul (supra) relied upon by learned counsel appearing on behalf of respondent no.2 shall not be applicable to the facts of the case on hand. The language of the p....