V.K. GUPTA Vs. STATE

JUDGEMENT

(1.) These are six revision petitions directed against the impugned order dated 16.7.2014 wherein the Sessions judge had reversed the order passed by the CMM and had directed that the matter be remanded back to the CMM with directions to him to decide as to what offence was made out against the respondent/accused and after framing charge, to expedite the trial. Vide order dated 22.6.2013, the CMM had discharged the accused persons.

(2.) Record shows that the charge sheet under Section 173 Cr.P.C. had been filed against 24 persons under Sections 420/406/409/120B/411 of the IPC, Section 63 of the Copyright Act, 1957 and Sections 78/69 of the Trademark and Merchandise Act, 1950. This was on 13.02.2002 on the complaint of Ajay Srivastava, the authorized signatory of M/s Ambuja Cement. Per averments in the complaint and thereafter pursuant to the investigation ordered after the registration of the FIR, the averments in the charge sheet were that the complainant company which was carrying on the business of manufacture and sale of cement under the name of "Ambuja" had changed their trademark in the year 1990.

(3.) Both the trademark and the copyright were being misused by unknown persons. Manufacture/mixing and sale of spurious cement by some unscrupulous manufacturers and traders in Delhi had also formed a part of the complaint against accused persons. These acts of the falsification of their trademark and infringement of their copyright were intentional. The inferior quality, adulterated and spurious cement being on sale in cement bags of their company being a wrong act was damaging the reputation of the company and thereby causing a huge financial loss to the company, public at large as also to the Government exchequer.