“Scam 1992: The Harshad Mehta Story” is one of the most prominent shows which was released in recent years. It became the talk of the town due to its storyline, incredible performances, and popularity among all. The series is said to be an adaption of the book "The Scam: Who won, who lost, who got away". Lead actor Prateek Gandhi is seen playing Harshad Mehta and it is undebatable the way he has portrayed Harshad in scam 1992. Based on the most powerful financial scam of India, numerous people admired this biographical web series which was released on Sony Liv. Directed by Hansal Mehta, this series is as authentic as it can be, and it broke all the records when it was released in 2020. However, now after a year has passed, this series has landed up in huge legal trouble. The Karad Urban Co-Operative Bank has filed a defamation case against Sony Pictures Network, alleging that the makers of this web series used the logo of the bank without permission and created financial and social difficulties for them.

The case by Karad Bank was registered for offenses of defamation under the Indian Penal Code, violation of the Trademarks Act, and Information Technology Act. The Karad bank in its FIR has alleged that in the third episode of the web series, a logo was displayed in the background which matches its trademark, thereby inducing a severe blow to its financial, commercial, and social reputation. Consequently, Sony Pictures Network India moved to the Bombay High Court seeking the dismissal of the FIR and an interim stay on the inquiry.

The petition by Sony states that they were merely broadcasting a series. But earlier, the Pune Police had booked Sony Live Channels, Applause Entertainment, and two YouTube channels under Section 500 for defamation of the Indian Penal Code, Section 102, 107 for falsely applying trademarks of the Trademarks Act and Section 66 C and 43 b of the Information Technology Act, for the similar matter. However, the HC further directed the Police to not take any coercive action against the owner of Sony Pictures Network, in the case registered against them. Later, Sony Pictures also contended that the FIR was baseless and irrational, and claimed that they were only streaming the series which was owned and produced by Applause Entertainment.

The petition by Sony stated, “However, for ulterior motives, the complainant appears to have zeroed in with a laser beam on the fleeting display of a logo appearing on a calendar at the back of actors in a scene and registered FIR… The FIR is filed at the behest of the respondent Bank with the motive of coercing the petitioner with ostensible deep pockets into an underserved settlement. Allegations made are absurd and baseless and are an abuse of the process of law”. It furthermore stated that the 'Bank of Karaj' was used in the series as a pseudonym for the 'Bank of Karad'. Sony also claimed that the Bank of Karad already had alleged involvement in the scam 1992, which was also confirmed by the Reserve Bank of India.

The petition by Sony further clarified that there was no purpose or plot, as is indicated at, to misrepresent the name of the Bank, and the series also publicized all the required disclaimers regarding that. The petition additionally stated that “The petitioner seeks the indulgence and protection of this court because genuine and honest businesses and professionals like them ought not to be harassed and arm twisted by threats of criminal prosecution where a possible civil remedy, if at all lies”. It additionally affirms that the urgency in approaching the HC was that the Pune police had issued a notice under Section 41 A of the Code of Criminal Procedures, this implying that Sony was an accused in that case, which the petition by Sony said that not the accurate approach to investigate.

The Bombay High Court has asked the police to not take any coercive action until the conclusion of this case. The state government’s counsel has stated that the ongoing investigation cannot go much further due to some earlier complications. And presently a new deputy superintendent-level officer will start the case fresh. The court has also adjourned this matter for further hearing on September 17, and no action will be taken against Sony till then.

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Reference:

• www.indiatoday.in
•  www.lawinsider.in