Debiprasad Sengupta, J. - (1.) The present application is for quashing of a proceeding being Case No. C-63/2000 (T.R. No. 33/2000) under section 465/ 467/468/471/120B of the Indian Penal Code pending in the court of learned Metropolitan Magistrate, 14th Court, Calcutta.
(2.) Before entering into the case of the complainant it is necessary to have a discussion regarding the background of the case. Late Ganga Bishan who was also known as Haldiram Bhujiawala, had been doing his business of manufacture and sale of salted preparations like bhujia, papad and sweets etc. since 1941 under the name and style of "Chandmal Ganga Bishan" and "Haldiram Bhujiawala" initially in Bikaneer and later on also in Calcutta. He formed a partnership firm in the year 1965 under the name and style of M/s. Chandmal Ganga Bishan with four partners namely, (1) Ganga Bishan himself, (2) Moolchand (his son), (3) Shiv Kishan (son of Moolchand) and (4) Smt. Kamala Devi, wife of Shri Rameshwarlal (his daughter-in-law). The said partnership firm was dissolved by means of a deed of dissolution dated 16.11.74 and thereby registered trade mark No. 285062 was allotted exclusively to Shri Moolchand for the whole of India except the State of West Bengal. It was agreed that in the State of West Bengal Smt. Kamala Devi or her representatives could carry on similar business. Shri Rameshwarlal, husband of Kamala Devi simultaneously by a separate writing of same date also had acknowledged, declared and recognised such right of Moolchand as the sole and exclusive user of the trade mark.
(3.) Ganga Bishan died, in the year 1980. Moolchand also died on 30.7.85 leaving behind him his four sons (the present petitioners Nos. 1 to 4). The four sons of Moolchand had made an application before the Registrar, Trademark on 22.11.85 for renewal and transmission of the said registered trademark in their names and the said application was allowed. The said trade mark was thereafter renewed time to time in their names.;