SHIV KUMAR Vs. STATE

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing the investigation of the FIR No. 114/90 dated 21.4.1990, Police Station Division 3, Jullundur (in the State of Punjab) under Sections 420,468,471,120-B Indian Penal Code read with Sections 77, 79 and 80 of the Trade and Merchandise Marks Act, 1958.

(2.) The aforesaid FIR is at annexure 'A' pages 20-23 of the papper book. It has been lodged by one S.K.Jairath said to be holder of power of attorney on behalf of Malhotra Book Depot, Adda Hoshiarpur. This FIR was lodged with SSP Jullundur District within the Territory of State of Punjab. In this FIR a prayer has been made that a case be registered against one Mohinder Pal Bansal and raid be conducted to recover the books. It is further requested that investigation be carried out and accused be arrested and put to trial. The contents of the FIR in brief may be stated as follows:-

(3.) Malhotra Book Depot, Adda Hoshiarpur (on whose behalf this FIR was lodged) is engaged in printing and publishing of guides for the students of Schools and Colleges in various languages and are on sale throughout the Union Terriotry of India. The Firms trade mark was registered under the Trade and Merchandise Marks Act, 1958 vide No. 32540 on 19.5.1977 and thereafter the registration has been extended from time to time. The Firm's Tade name is "MBD". On 21.3.1990, one Mohan Kalsi admitted before the Complainant that spurious books of chemistry of 10th Class in Punjabi medium of MBD had been obtained by him from Mohinder Pal Bansal, proprietor of Roopa Publication, Adda Tanda Road, Jullundur and also informed that aforesaid Mr.Bansal was in possession of large number of spurious books in the name of "MBD" and that if raid was conducted spurious books could be recovered from him. It was complained in me FIR that accused Mohinder Pal Bansal had committed serious offences of cheating, violation of trade marks under the Act u/S 482 Indian Penal Code, forgery and of conspiracy to commit the said offences. It was further complained that the accused was causing wrongful loss to the complainant's firm by way of printing duplicate books of chemistry of 10th Class of Punjabi medium in the name of MBD and was having wrongful gain to himself.