SHAMEEM AHMED Vs. MOHAN LAL

JUDGEMENT

(1.) THIS criminal appeal No. 2547 of 1963 is connected with criminal misc. application No. 2619 of 1964. The criminal appeal originally came up for hearing before brother M. H. Beg, J. sitting singly who referred certain points to a larger Bench and also the whole case for decision by it. The respondent had also filed an application under Section 561-A, Cri. P. C. on 13-9-1964 praying that the hearing of the appeal should be stayed as a civil suit had been filed by the appellant against the respondent and was pending and same questions of fact and law arose for consideration in the criminal appeal. Accordingly, this application has also been referred to this Bench for decision.

(2.) ON 5-4 1963 a complaint had been filed by Shameem Ahmad alleging that the firm Mohammad Ishaq Mohammad Ghulam, a registered firm with its head office at Katni in district Jabalpur had been manufacturing Bins with trade mark No. 303 and that the respondent started manufacturing Biris, which appeared to be limitations of Biri No. 303, and making bundles of the Biris in such a manner as was calculated to cause it to be believed that it was the trade mark and the property mark of the complainant's firm and were thus using a false trade mark and property mark and selling them marked with a counterfeit trade mark and property mark.

(3.) THE respondent pleaded not guilty and alleged that he had been prosecuted due to business rivalry. He stated that his biri No. 303 and its property mark and tradt mark, design and colour were registered, and that there was a difference in the bundle of the Biris and those of the complainant's firm.