somewhere in august 1977 the companyplainant who is a dealer in the beedies manufactured by the owners of the registered trade mark came to knumber that the 4th respondent was selling beedies of inferior quality after wrapping them in a wrapper and using the trade mark deceptively similar to that of the registered trade mark.
the name under which beedies manufactured by the principals of the companyplainant are sold in the market is mangalore ganesh beedies having a registered trade mark in the wrapper being pink companyour wrapper companytaining the motif of lord ganesha and the numeral one additional registered trade mark used by the manufacturers of the beedies is the ganesh beedies wrapped in a wrapper as mentioned above and bearing a multy colour seal label companytaining the numeral 501 at its centre.
when the matter came back to the learned magistrate he after hearing the parties held that numbercase was made out for issuing the process and proceeded to dismiss the companyplaint.
a companyplaint thereupon was filed which led to the seizure of some goods.
on this companyplaint being filed after a preliminary enquiry the learned magistrate directed process to be issued to the accused.
the suit ended in a decree in favour of the owners of the registered trade mark.
1 to 3 knumbering of the registered trade mark in favour of the principals of the complainant were storing for sale and selling beedies of inferior quality manufactured by the 4th respondent and wrapped in wrappers falsifying the registered trade mark and thereby it was alleged that respondents companymitted offences under sections 78 and 79 of the act and sec.
appeal by special leave from the judgment and order dated the 4th numberember 1980 of the punjab and haryana high court in criminal revision number 652 of 1980.
subsequently the complainant came to knumber that the 4th respondent in league with the 2nd and 3rd respondents were storing for sale and selling beedies of inferior quality wrapped in deceptively similar wrapper and were thereby infringing the registered trade mark despite the injunction of the companyrt.
420 of the p.c.
the owners of the registered trade mark came to knumber that respondent number 4 m s shri ganesh beedi works chakradhapur bihar were guilty of infringing the trade mark by using a wrapper and seal label identical with or deceptively similar to the registered trade mark and the principals of the complainant filed a suit companyplaining of infringement and passing off against the 4th respondent.
criminal appellate jurisdiction criminal appeal number 516 of 1983.
it was alleged that respondents number.
harbans lal and n.d.
hence this appeal by special leave.
parekh and ms.
420 ipc.
garg for the respondent.
the accused moved revision petition in the high companyrt of punjab and haryana at chandigarh with a request to quash the proceedings.
the judgment of the companyrt was delivered by desai j. appellant shri vishwa mitter a dealer in beedies and cigarettes as also the companystituted attorney of m s. mangalore ganesh beedies works mysore filed a complaint in the companyrt of sub divisional magistrate ist class pathankot on december 6 1977 companyplaining of commission of offences by the four respondents impleaded as accused under sections 78 and 79 of the trade and merchandise marks act 1958 act for short and sec.
it was alleged in the companyplaint that the principals of the companyplainant m s. mangalore ganesh beedies works mysore are the registered owners of four trade marks in respect of beedies manufactured by them.
pinki mishra for the appellant.
the companyplainant moved the high companyrt of punjab and haryana in revision petition number 652 of 1980 which was dismissed in limine.
there was a prayer for perpetual injunction in the suit.
m. tarkunde p.h.
