RAJASTHAN SMALL INDUSTRIES CORPORATION LIMITED Vs. M/S. RAJASTHANI, RAJASTHAN SMALL SCALE HANDICRAFT INDUSTRIES

JUDGEMENT

(1.) This appeal has been filed by the Rajasthan Small Industries Corporation Limited against the accused respondent M/s. Rajasthani, Rajasthan Small Scale Handicraft Industries against the impugned judgment and order dated 8.4.2002 passed by the learned Addl. Chief Judicial Magistrate No. 6, Jaipur City, Jaipur in Criminal Case No. 490/95 by which the accused -respondent has been acquitted from the offence under Ss. 78, 79 of Trade and Merchandise Marks Act, 1958 and Sec. 482 and 486 of the Indian Penal Code. Brief Facts of the case set up by the appellant is that the complainant is the enterprises of the State Government and since number of years doing business of handicraft items in the name of Rajasthali.

(2.) The accused respondent is doing the business in the name of Rajasthani and having its unit in Shishodiya Garden and doing business of handicraft items. The complainant appellant with a view to promote the handicrafts items in State of Rajasthan is using the name of Rajasthali Trade Mark and having number of showrooms of Rajasthali at different places. The appellant has earned the name and fame and goodwill and the foreign and local tourists are purchasing items from the mark of Rajasthali. The Rajasthali name has been written in an artistic way and the appellant (complainant) is registered under the Trade and Merchandise Marks Act, 1958.

(3.) The Accused respondent with a view to cause undue loss to the appellant and with a view to take undue advantage and gain to itself and without permission and consent of the appellant, has written word "Rajasthani" in the same style and manner which gives impression that it is Rajasthali. As such the accused respondent is doing trade of the handicraft items after giving impression that it belongs to Rajasthali and thus by deceitful means the goods are sold to the customers as such it is an offence committed under the provisions of the Trade and Merchandise Marks Act and Indian Penal Code. The complainant appellant has already served notices by way of publication in "Rajasthan Patrika" but the accused respondent in spite of notice by way of publication, is using the same name and thus the accused respondent should be punished. The learned Trial Court has framed charges against the accused respondent for the offence under Ss. 78, 79 of the Trade and Merchandise Marks Act, 1958 and Sec. 482 and 486, IPC. The charges were read over and explained to the accused -respondent, but he pleaded not guilty and claimed for trial. Upon filing the complaint by the complainant appellant before the court of Addl. Chief Judicial Magistrate No. 6, Jaipur City, Jaipur, statements of Ravi Agarwal (PW 1), Shambhu Dayal (PW 2) and Ravi Gupta (PW 3) were recorded. Statements u/s. 313 Cr.P.C. were recorded by the court. In defence, Pradeep Gupta (DW 1) was examined.