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PANKAJ MITHAL, S. V. N. BHATTI
Lin-O-Matic Graphic Industries – Appellant
Versus
Trulines Technologies – Respondent
| Table of Content |
|---|
| 1. complaint of copyright infringement filed. (Para 3 , 4 , 5 , 6 , 7) |
| 2. dispute regarding the expert examination reports. (Para 10 , 11) |
| 3. court's concerns on the procedural fairness. (Para 12 , 13 , 14 , 16) |
| 4. interference in high court’s directions warranted. (Para 15) |
| 5. appeal disposed with clarifications. (Para 17 , 18) |
ORDER :
1. Leave granted.
2. We have heard Mr. Huzefa Ahmadi, learned senior counsel appearing for the appellant and Mr. Manmohan Singh, learned senior counsel for the respondent Nos.1 to 3.
3. The appellant filed a complaint against the respondent Nos. 1 to 3 before Naroda Police Station, Ahmedabad complaining alleged infringement of appellant's copyright in a drawing of a book binding machine and bodily copied the drawing of the said machine. The complaint has been registered as FIR I-C R. No.12/2018 under Sections 380 , 381, 405, 408, 120-B of the INDIAN PENAL CODE 1860, under Section 63 of the COPYRIGHT ACT 1957 and under Sections 66 , 66(B), 72 and 85 of the Information Technology Act 2000.
4. In the appeal, we are concerned with the steps taken by the respondent Nos. 1 to 3 to have expert opinion on the allegations of infringement by them. The
Expert opinions are not conclusive and must be supported by substantive evidence; courts have discretion in allowing further expert evaluations.
The power under Section 311 Cr.P.C should be exercised with care and caution, and not as a tool to procrastinate the trial.
The court ruled that applications for expert opinion on disputed signatures should be made at an appropriate stage in the trial, emphasizing judicial discretion and the need for proper evidence befor....
The handwriting expert's report cannot be discarded if it pertains to a relevant aspect of the matter, and the accused has the opportunity to challenge the report.
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