SHIVLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under section 482 Cr.P.C has been preferred by the petitioner against the order dated 22.11.2004 passed by the learned Additional Sessions Judge No.2, Jodhpur (for short 'the revisional court' hereinafter) whereby the revisional court dismissed the revision petition filed by the petitioner and affirmed the order dated 25.02.2003, passed by the learned Judicial Magistrate No.4, Jodhpur (for short 'the trial court' hereinafter), whereby the learned trial court ordered for framing charges against the petitioner for the offence punishable under section 420 IPC read with section 103, 104 of the Trade Marks Act, 1999 (for short 'the Act of 1999' hereinafter).

(2.) Brief facts of the case are that, the complainant-respondent No.3 lodged a report on 23.08.2001 at Police Station, Basni, Jodhpur, alleging therein that the fake cement of J.K. Brand was being sold in market on low price, therefore, he sent Shri Rakesh Dhariwal as a bogus customer to Shiv Building, from where, he purchased a bag of fake cement for consideration of Rs. 100/-, whereas the cost of a bag of J.K.Cement was Rs. 130/- in market. At that time, the petitioner got started the unloading of the cement bags from a Truck bearing registration No.RRR 5217, which was fake, marking thereon 'J.K.Cement'. It was alleged in the complaint that no manufacturing code pertaining to week, year and bag suppliers was marked on the bag of cement purchased by Rakesh Dhariwal, which is inscribed by the company. The complainant had informed to the company authorities about this incident, whereupon Shri B.Kumar (AVP) came there and inquired from the company that whether any goods were sent to Shiv Building by the company in last weak or not, upon which he received a negative report. As such, the above cement was confirmed to be fake. The petitioner was committing cheating with the company and public by selling fake and bad quality cement.

(3.) On receiving the above complaint, police registered a case for the offence punishable under section 420 IPC read with sections 103 and 104 of the Act of 1999 and started investigation. After completion of investigation, the police filed charge-sheet before the trial court for the offence punishable under section 420 IPC read with sections 103 and 104 of the Act of 1999 against the petitioner and non-petitioner No.2.