P D LAKHANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) Applicability of Section 195(1) of the Code of Criminal Procedure, 1973 (the Code) is in question in this appeal which arises out of a judgment and order dated 17-8-2007 passed by the High Court of Punjab and Haryana in Criminal Miscella neous No.62858 of 2005.

(3.) Lakhani Rubber Udyog Ltd. manufactures Hawai Chappel. They are registered owners of a trade mark. Inter alia, on the premise that M/s. Saraswati Utpadan Pvt. Ltd., Respondent No.2 herein had been marketing inferior goods with the label Lakhani illegally, a complaint was lodged by the second appellant herein to SHO, Police Station Jalandhar. He was asked to approach the Senior Superintendent of Police, Jallandhar. On or about 18-1-2005, the second appellant approached the Senior Superinten dent of Police, Jallandhar with a written complaint, stating :