J.MOHAMED NIZAMUDEEN Vs. STATE

JUDGEMENT

(1.) The present Criminal Original Petition is filed under Sec. 482 to call for the records relating to the C.C.No.47 of 2016 on the file of the Judicial Magistrate No.I, Hosur and quash the same.

(2.) The brief facts of the case is that the petitioner was working with M/s Sun Apparel Exports, as General Manager for the period from 1/5/2014 to 31/5/2015 and was relieved from the company in the month of June, 2015. The 2nd respondent, is the defacto complainant, who is authorized by M/s Madura Fashion and Lifestyle, a Division of M/s Aditya Birla Nuvo Limited to give complaint against people or establishments who are involved in infringing Copyright and Registered Trade mark. The said company are branded licensees, engaged in the manufacturing of popular brands viz., Van Heusen, Louis Philippe, Allen Solly, Peter England etc.,

(3.) The allegation levelled against the petitioner is that the management of the Sun Apparel Exports functioning at Krishnagiri District are involved in the manufacture of the above said branded duplicate shirts and trousers and are selling the same in the open market, thereby caused heavy loss to the company, apart from infringing provisions of the Copy Right Act. Therefore the 2nd respondent had lodged a complaint against Sun Apparel Exports for offences punishable under Sec. 51 read with Sec. 63 of the Copy Right Act, 1957 and FIR has been registered in Crime No.118 of 2015 and the same was culminated into C.C.No.47 of 2016.