PARAMJEET SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vivek Prasad learned counsel forthe petitioner and Mr. Jharkhandi Upadhaya, learned A.P.P for the State.

(2.) The petitioner who runs small shop dealing with the motor parts is aggrieved by order dated 5.4.2006 passed by Sri T. Nath, J.M. Ist Class, Muzaffarpur in Muzaffarpur Town RS. Case No. 41/06 whereby he has taken cognizance against the petitioner under Sections 420,468,471 and 120-B of the I.P.C. and 78, 79 of Trade and Mercantile Act.

(3.) It has been submitted on behalf of the petitioner that the Trade and Merchandise Marks Act, 1958 (43 of 1958) was repealed by the Trade Marks Act, 1999 and as such the cognizance against the petitioner so far as it has been taken under the Trade and Merchandise Marks Act, 1958 cannot be sustained in the eye of law.