TaxTMI 
TaxTMI 
1983 (9) TMI 270
X X X X Extracts X X X X
X X X X Extracts X X X X
....sh Beedies' having a registered trade mark in the wrapper being pink colour wrapper containing the motif of Lord Ganesha and the numeral '501'. One additional registered trade mark used by the manufacturers of the beedies is the 'Ganesh Beedies' wrapped in a wrapper as mentioned above and bearing a multy-colour seal label containing the numeral '501' at its centre. The owners of the registered trade mark came to know that respondent No. 4-M/s Shri Ganesh Beedi Works, Chakradhapur, Bihar were guilty of infringing the trade mark by using a wrapper and seal label identical with or deceptively similar to the registered trade mark and the principals of the complainant filed a suit complaining of infringement and passing off against the 4th respondent. There was a prayer for perpetual injunction in the suit. The suit ended in a decree in favour of the owners of the registered trade mark. Somewhere in August 1977, the complainant who is a dealer in the beedies manufactured by the owners of the registered trade mark came to know that the 4th respondent was selling beedies of inferior quality after wrapping them in a wrapper and using the trade mark deceptively similar to that of the regist....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... and not holding any trade mark. I find no reason absolutely to issue the process and the complaint is hereby dismissed." The complainant moved the High Court of Punjab and Haryana in Revision Petition No. 652 of 1980, which was dismissed in limine. Hence this appeal by special leave. The reasons which appealed to the learned Magistrate to come to the conclusion that the complaint filed by the complainant cannot be entertained because he is not registered owner of the trade mark is clearly erroneous Sec. 4 of the Code of Criminal Procedure, 1973 provides for trial of offences under the Indian Penal Code and other laws. Sub- Sec. (1) of Sec. 4 deals with offences under the Indian Penal Code. Sub-sec. (2) of Sec. 4 provides that all offences under any other law (other than offences under the Indian Penal Code) shall be investigated, inquired into, tried and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. Fasciculus of sections included in Chapter XIV of the Criminal Procedure Code set out conditions r....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ognizance of the offence irrespective of the qualifications or eligibility of the complainant to file the complaint. It must, however, be conceded that where a provision to the contrary is made in any statute, which may indicate the qualification or eligibility of a complainant to file the complaint, the Magistrate before taking cognizance is entitled and has power to inquire whether the complainant satisfies the eligibility criteria. One illustration would indicate what can be a provision to the contrary as contemplated by sub sec. (2) of Sec. 4 of the Code of Criminal Procedure. Sec. 195(1) provides that no Court shall take cognizance of any offence set out therein except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. Similarly sub-sec. (2) of Sec. 195 provides that no Court shall take cognizance of any of the offences specified therein except on the complaint in writing to that Court, or to some other Court to which that Court is subordinate. Sec. 198 provides that no Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code, except upon a complaint made ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e absence of any such specification, no Court can throw-out the complaint or decline to take the cognizance on the sole ground that the complainant was not competent to file the complaint. Section 89 of the Act provides that no Court shall take cognizance of an offence under Section 81, Section 82 or Section 83 except on a complaint in writing made by the Registrar or any officer authorised by him in writing. This provision manifests the legislative intention that in respect of the three specified offences punishable under Sections 81, 82 and 83, the Registrar alone is competent to file the complaint. This would simultaneously show that in respect of other offences under the Act, the provision contained in Sec. 190 of the Code of Criminal Procedure read with sub-sec. (2) of Sec. 4 would permit anyone to file the complaint. The indication to the contrary as envisaged by sub-sec. 2 of Sec. 4 of the Code of Criminal Procedure is to be found in Sec. 89 and that section does not prescribe any particular eligibility criterion or qualification for filing a complaint for contravention of Sections 78 and 79 of the Act. Therefore, the learned Magistrate was in error in rejecting the compl....