Judgement

T. L. VENKATARAMA AIYAR, J. : The facts leading up to this appeal are these : On 26th April 1954, the appellant was arrested by the Sisamau Police for offences under Ss. 120, 482, 483, 485 and 486 of the Indian Penal Code on the allegation that he was in possession of 25 packets of Chand Chhap Biri , which were alleged to bear counterfeit trade marks. On 26th May 1954 one Harish Chandra Jain acting on behalf of Messrs. Mohan Lal Hargovind Das filed a complaint charging that the appellant was in possession of counterfeit bidis, wrappers and labels and praying that a case under the sections above mentioned be registered and investigated. On that, the Magistrate passed the following order :

"S. O. Sisamau. Please investigate and register a case."

After investigation, the police submitted their charge-sheet an 30th September 1954, and summons was ordered to the appellant on 22nd July 1955. On 17th September 1955, the appellant filed an application before the Magistrate wherein he raised a preliminary objection that the proceedings were barred by S. 15 of the Indian Merchandisc Marks Act, 1889 (4 of 1889), hereinafter referred to as the Act. That section provides :

"No such prose