S.B.Sinha, J. - (1.) Leave granted.
(2.) Applicability of Section 195(1) of the Code of Criminal Procedure, 1973 (the Code) is in question in this appeal which arises out of a judgment and order dated 17-8-2007 passed by the High Court of Punjab and Haryana in Criminal Miscella neous No.62858 of 2005.
(3.) Lakhani Rubber Udyog Ltd. manufactures Hawai Chappel. They are registered owners of a trade mark. Inter alia, on the premise that M/s. Saraswati Utpadan Pvt. Ltd., Respondent No.2 herein had been marketing inferior goods with the label Lakhani illegally, a complaint was lodged by the second appellant herein to SHO, Police Station Jalandhar. He was asked to approach the Senior Superintendent of Police, Jallandhar. On or about 18-1-2005, the second appellant approached the Senior Superinten dent of Police, Jallandhar with a written complaint, stating : "The inferior quality goods bearing the falsified trade mark and as are packed infringing labels/cartons are being sold and offered for sale at various places in Faridabad and the purchasing public is being deceived and cheated by such persons. The Government is also being defrauded by huge revenue on account of the illegal trade activities of such persons. We wish to bring it to your notice that such persons/traders have full knowledge about the legal and vested rights of our company and are not only committing acts of falsification/infringement and are also abetting the infringement of copyright and are committing offence as are cognizable and are punishable under Section 63 of the Copyright Act read with Section 78-79 of the Trade and Merchandise Marks Act, 1958. We further submit that the said unscrupulous persons have in their power and possession dies, the goods to which false trade marks, false trade description has been applied including the material and with logo, which are used for the purpose of falsifying our companys Trade Mark and Logo. The said goods are also offered for sale by the said accused. You are requested to take legal action against the abovesaid parties and oblige." ;