Additional Chief Metropolitan Magistrate Lokesh Kumar Sharma dismissed the case against Bhandarkar, producer Ronnie Screwvala and writer Ajay Mongia after complainant Seema Seth repeatedly failed to appear before it to pursue her case.
"None for complainant (Seth). Several opportunities have been given to her since last year. She failed to appear before the court," the judge said, adding "as if Seth is not interested in pursuing her case."
Seth, an actress-turned-author, had been asked by the court to submit the movie's script to support her allegation against the trio.
She was to appear before the court as per its earlier direction to her to produce "cogent and clear evidence to show that accused persons have infringed her copyright by producing film 'Fashion'". She, however, did not turn up before the court.
The court had given her the direction, while refusing earlier to order registration of an FIR against Bhandarkar and others on her complaint.
Seth had contended that Bhandarkar indulged in "clear-cut violation of the Copyright Act", She also made Screwvala of UTV Motion Pictures a party in the case and had sought Rs 2.5 crore as compensation from them.
Seth had sought lodging of an FIR against Bhandarkar and others under "appropriate" sections of the IPC and for violation of the Copyright Act.
In her complaint, she had said the accused have violated her copyright on book by releasing the film in October 2008.
Refusing to order registration of an FIR against them, the court had said that there can be no copyright in an idea, subject matter, themes, plots or historical or legendary facts and violation of the copyright in such cases is confined to the forum, manner and arrangement or expression of the idea by the author of the copyrighted work.