JUDGMENT

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 Miscellaneous No.62858 of 2005.

3. Lakhani Rubber Udyog Ltd. Manufactures Hawai Chappel. They are registered owners of a trademark. 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 Superintendent 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 defra