KANHAIYA LAL BANSAL Vs. G K AGARWAL

JUDGEMENT

(1.) Though having a chequered history in this court, this petition under S.482, Cr. P.C.connected with a criminal revision and another criminal miscellaneous application connected with another criminal revision, is up for consideration a new in view of peculiar facts and circumstances referred to hereinafter.

(2.) Criminal complaint case No. 1630 of 1979 was filed by G.K.Agarwal and his wife Gyaneshwari Devi in which M/s. Sahitya Bhawan Educational Publishers, Agra is accused No. 1 while Kanhaiya Lal Bansal partner of No. 1 and Ram Saran Bansal another partner of No. 1 are the other two accused. This complaint was made on the allegations that the accused are guilty of having committed offence punishable under S.63 of the Copy Right Act of 1957 (hereinafter referred to as Act) in as much as the accused did not honour the commitments made. This complaint case has given rise to criminal miscellaneous application No. 4219 of 1979 challenging the complaint proceeding in entirety and also to criminal revision No. 1615 of 1980 challenging the summoning order dated 28-6-79 requiring the presence of the accused on 27-7-1979.

(3.) A subsequent complaint was also filed giving rise to complaint cast No. 160 of 1983. This was for further actions of alleged infringement of copy right. In this case also the Magistrate passed an order summoning the three accused. From this complaint case, criminal miscellaneous application No. 8141 of 1988 as also criminal revision No. 1828 of 1983 was filed challenging entire proceedings and summoning order respectively in this court. Interim stay orders were obtained by the applicant in all the four matters. K.L.Bansal is the lone accused applicant alleging himself to be a partner and doing pairvi on behalf of all the accused in the four matters which were connected to be heard together.