TaxTMI 
TaxTMI 
1983 (9) TMI 270
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....79 of the Trade and Merchandise Marks Act, 1958 ('Act' for short) and Sec. 420 IPC. It was alleged in the complaint that the principals of the complainant M/s. Mangalore Ganesh Beedies Works, Mysore are the registered owners of four trade marks in respect of beedies manufactured by them. The name under which beedies manufactured by the principals of the complainant are sold in the market is 'Mangalore Ganesh 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 nu....
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....alsifying the registered trade mark and thereby it was alleged that respondents committed offences under Sections 78 and 79 of the Act and Sec. 420 of the I.P.C. On this complaint being filed after a preliminary enquiry, the learned Magistrate directed process to be issued to the accused. The accused moved revision petition in the High Court of Punjab and Haryana at Chandigarh with a request to quash the proceedings. The learned Single Judge of the High Court accepted the revision petition on the narrow ground that the order issuing the process is not a speaking order and directed the learned Magistrate to consider the question of issuing process afresh. When the matter came back to the learned Magistrate, he after hearing the parties hel....
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....ly 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 requisite for initiation of proceedings. Sec. 190 p....
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....ll apply in respect of such offences and they shall be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Code of Criminal Procedure. One such provision in the Code of Criminal Procedure in Sec. 190 which empowers any Magistrate of the class specified therein to take cognizance of any offence upon receiving a complaint of facts which constitutes such offence. If after taking cognizance of an offence it is permissible under Sec. 192, such Magistrate may make over the case to other Magistrate therein specified. Therefore, from a combined reading of Sec. 4(2) with Sec. 190 of the Code of Criminal Procedure, it transpires that upon a complaint filed by a person setting-out facts therein which constitu....
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.... person aggrieved by the offence. Sec. 20 of the Prevention of Food Adulteration Act, 1954 provides that no prosecution for an offence under the Act, not being an offence under Section 14 or Section 14-A, shall be instituted except by, or with the written consent of the Central Government or the State Government or a person authorised in this behalf, by general or special order, by the Central Government or the State Government. Section 621 of the Companies Act, 1956 provides that no Court shall take cognizance of any offence against the Act (other than an offence with respect to which proceedings are instituted under section 545), which is alleged to have been committed by any company or any officer thereof, except on the complaint in writ....
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....row-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 per....