B. RAJENDRA SUBUDHI AND ANR. Vs. BRUNDABAN SAHU

JUDGEMENT

(1.) THIS is an application filed by the accused person in a complaint case bearing I.C.C. Case No. 63 of 1984 pending in the Court of the Chief Judicial Magistrate, Ganjam, Berhampur, invoking the inherent jurisdiction of this Court to quash the cognisance taken against them from the offences under Sections 78 and 79 of the Indian Trade and Merchandise Marks Act, Section 63 of the Copyright Act, 1957 and Sections 482 and 420 of the Indian Penal Code.

(2.) A complaint was filed alleging that the complainant is the proprietor or a registered trade -mark and also is the owner of the registered copyright for certain labels and has been trading in Khara Masala under the name "Sri Laxmi Nrusingha Ketaki Khara Masala". It is alleged that Petitioner No. 1 who is the proprietor or Petitioner No. 2 has been passing off his "Khara Masala" under the name "Sri Pamda Nrusinha Ketaki Khara Masala" using identical label and under substantially similar pictorial design and passing off his goods as that of the complainant and thereby committed the offence under the Indian Trade and Merchandise Marks Act, the Copyright Act and the Indian Penal Code.

(3.) AT the hearing or this application, Mr. Padhi appearing for the Petitioners does not challenge the order of cognisance so far as it relates to Sections 78 and 79 of the Indian Trade and Merchandise Marks Act. Be, however, contends that the complaint petition together with the initial statement of the complainant do not make out any offence either under Section 482 or under Section 420 of the Indian Penal Code. He further submits that keeping in view the objects and reasons of the Copyright Act, the allegations in the complaint petition also do not attract the provisions of Section 63 of the Copyright Act.