DARSHAN KUMAR SAHNI Vs. INDIAN STANDARD INSTITUTE

JUDGEMENT

(1.) APPLICANT Darshan Kumar Sahni is the accused in Criminal Case No. 272 of 1980) on the file of the Chief Judicial Magistrate. It arose out of a written complaint filed by the non-applicant, the Indian Standard Institute on 2ft-9-1979. The applicant's contention that the complaint is barred by limitation under section 468 of criminal Procedure Code was repelled by the learned Chief Judicial Magistrate by his order dated 1-4-1981, and the order was upheld by the Fourth Additional Sessions judge, Gwalior on 14-12-1981 in Criminal Revision No. 45 of 1981.

(2.) THE written complaint dated 26-9-1979 is to the effect that the applicant, who has not been granted any licence to use the 1. S. I. Standard Marks on any sports goods, sold 'nivia brand footballs and volley balls to the Jiwaji University, Gwalior on 13th, 25th and 26th September 1978 after placing fake I. S. I. standard Mark on them. It is alleged by the complainant that the applicant has infringed sections 5 and 6 of (The Indian)Standard Institution (Certification Marks), Act, 1952 (Act No. 36 of 1952), and rendered himself punishable under section 13 of the Act.

(3.) THE applicant's contention is that the offence is punishable with fine which may extend to ten thousand rupees under section 13 (1), and, as such, the offence amounts to offence punishable with fine only. Hence, the provisions of section 468 (2) (i)and section 469 (1) (a) came into play, making the complaint as one having been filed after the period of limitation namely after six months.