JUDGMENT

DESAI, J.:— Appellant Shri Vishwa Mitter, a dealer in beedies and cigarettes as also the constituted attorney of M/s. Mangalore Ganesh Beedies Works, Mysore filed a complaint in the Court of Sub-Divisional Magistrate, 1st Class, Pathankot on December 6, 1977 complaining of commission of offences by the four respondents impleaded as accused under Sections 78 and 79 of the Trade & Merchandise Marks Act. 1958 (Act for short) and Section 420, I. P. C. It was alleged in the complaint that the principals of the complainant M/s. Mangalore Ganesh Beedies Works, Mysore are the registered owners of four trade marks in respect of beedies manufactured by them. The name under which beedies manufactured by the principals of the complainant are sold in the market is Mangalore Ganesh Beedies having a registered trade mark in the wrapper being pink colour wrapper containing the motif of Lord Ganesha and the numeral 501. 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 multicolour seal label containing the numeral 501 it its centre. The owners of the registered trade mark came to know th