P R S SRINIVASAN Vs. S GANESH KUMAR

JUDGEMENT

(1.) This revision by the petitioner P.R.S. Srinivasan, Partner, Srinivasan Industries, Kovilpatti, is directed against the order dated 7-8-1995 passed in R.P.NO. 51 of 1994, on the file of the District and Sessions Judge, Kanyakumari District at Nagercoil.

(2.) The facts leading to the presentation of this revision before this Court need narration:- (i) The petitioner is the partner of Srinivasan Industries, which is engaged for the manufacture of Vermicelli and Ada and selling the same from 1974 under the trade mark and artistic work "kuthuvizakku". On 30-7-1994, he came to know that one Srinivasan, the father of 1st respondent, of Sridevi Firms, at Kottar, Nagercoil, used the identical trade mark "kuthuvizakku", in respect of Vermicelli and Ada manufactured by him. (ii) On 4-8-1994, the petitioner, therefore, filed a complaint against the said Srinivasan of Sridevi Firms, before learned Judicial Magistrate No. 1, Nagercoil, who in turn forwarded the complaint under Section 156 (3) Cr.P.C. to the 3rd respondent - Sub-Inspector of Police, C.C.S. Nagercoil, for investigation. (iii) The 3rd respondent on receipt of the said order, registered the case against the said Srinivasan in Crime No. 186 of 1994, under Sections 486 and 487 of Indian Penal Code and Section 64 of the Indian Copy Right Act. During the course of investigation, the 3rd respondent went to the shop of the accused, and seized the infringed articles from his shop and produced the same before the learned Magistrate. (iv) On 22-8-1994, the said Srinivasan, the accused in the above case filed a petition under Section 451, Cr.P.C. before the learned Magistrate, requesting the return of property to him on surety or alternatively to put it in auction and sell the same. (v) After hearing the petitioner as well as the 3rd respondent/police, the learned Judicial Magistrate No. 1, Nagercoil, passed an order to auction the property. In pursuance of the same the properties were auctioned on 29-8-1994. Mr. Ponnuthangam, the 2nd respondent herein is the successful bidder. (vi) On 6-9-1994 the 1st respondent Ganesh Kumar, son of the accused filed a petition in Crl.M.P.No. 3093 of 1994 for the return of property, before the Judicial Magistrate No. 1 Nagercoil stating that the seized infringed articles were purchased by him from the petitioner a partner of Srinivasan Industries, on 14-6-1994 and 11-7-1994, on payment of cash, and received the cash bills in respect of the said purchase, and so requested the Court to cancel the auction, and handover the custody of the property to the 1st respondent, being the bona fide purchaser for proper consideration from the complainant, P.R.S. Srinivasan of Kovilpatti. (vii) This petition was enquired into by the Judicial Magistrate No. 1, Nagercoil, by hearing the parties concerned, and passed an order, dismissing the same on 6-9-1994. (viii) Challenging this order, the 1st respondent Ganesh Kumar, son of the accused has filed a revision before the Court of Sessions in R.P.No. 51 of 1994. Sometime later, he also filed another revision in R.P.No. 72 of 1994, to set aside the order of auction passed by the learned Judicial Magistrate earlier, in pursuance of which the auction had already been held on 29-8-1994. (ix) Both these revisions wereheard together by the learned Sessions Judge and same were allowed setting aside the orders passed by the learned Magistrate. Having felt aggrieved over this order, this revision has been filed before this Court by the petitioner/complainant.

(3.) I heard both the Counsel appearing for the petitioner as well as the respondents, and gone through the records.