VIJAY J CHAWLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these applications under Section 482 of the Code of Criminal Procedure, 1973 are filed by the same petitioner for quashing the complaints filed by the same complainant i. e. respondent No. 2 in each application. In the first matter, FIR was registered as CR No. I-257 of 2004 with Naroda Police Station for the offences punishable under Sections 420, 468, 471, 482, 483, 485, 486, 487 read with Section 120b and 114 of the IPC and the offences punishable under Sections 102, 103 and 104 of the Trade Marks Act, 1999. In the second matter, FIR was registered as CR No. I-304 of 2000 with Navrangpura Police Station, Ahmedabad for the offences punishable under Section 420 of the IPC and offences punishable under Sections 28, 77 and 79 of Trade Marks Act, 1958.

(2.) THE petitioner is the accused in the above criminal complaints. The petitioner is the proprietor of M/s. J. J. Food Industries which is engaged in the business of selling spices, pickles, papad, etc. The complainant (respondent No. 2) is an officer of Madhur Food Products Ltd. (hereinafter referred to as "the complainant") a Company dealing in the business of spices, pickles, papads, etc. The above complaints were filed alleging violation of the complainant's trade mark "madhur" in relation to tomato ketchup, mix, sharbat, pickles, etc. It appears that the complainant had also filed four Civil Suits against the petitioner alleging passing off and infringement of its trade mark being Civil Suit No. 821 of 1996 in the City Civil Court at Ahmedabad, Civil Suit No. 2786 of 2000 also in the City Civil Court at Ahmedabad, Trade Mark Suit No. 2 of 2000 in the District Court at Ahmedabad Rural at Mirzapur and Trade Mark Suit No. 1 of 2004 in the District Court at Surendranagar.

(3.) IN Civil Suit No. 821 of 1996, the notice of motion filed by the complainant came to be dismissed by the City Civil Court at Ahmedabad by judgment and order dated 21. 11. 1996 holding that none of the parties have registered the mark "madhur" for their respective products and the suit was filed for passing off only and not for action of infringement. In Civil Suit No. 2786 of 2000 also the City Civil Court at Ahmedabad dismissed the notice of motion by order dated 8. 9. 2000. Trade Mark Suit No. 2 of 2000 came to be withdrawn as per order dated 12. 2. 2004. In Trade Mark Suit No. 1 of 2004 though ad-interim injunction was initially granted by the Trial Court on 24. 5. 2004, in Appeal from Order No. 185 of 2004 filed by the present petitioner by order dated 3. 6. 2004, this Court suspended the ad-interim injunction and directed the District Court to dispose of the injunction application expeditiously. The Court is informed that no order adverse to the petitioner was passed in the said suit and ultimately, the said suit has been withdrawn.