( 1 ) BY this petition under Section 482 of the Code of Criminal Procedure (for short the Code) the petitioner seeks quashing of order dated 5. 10. 1996 passed by the learned Additional Chief Metropolitan Magistrate (ACMM) dismissing his plea to discharge him in pursuance of the directions of the Hon ble Supreme Court in the case of Common Cause Vs. Union of India and Others-II (1996) CCR (SC) 180 on account of delay caused in trial.

( 2 ) A complaint was filed by the respondent Jay Engineering Works Ltd. (for short the Complainant) to the effect that they were the registered owners/proprietors of the Copyright of two artistic works of "usha" registered in their favour on 24. 3. 1970 and 13. 9. 1979 under the Copyright Act (for short "the Act") and thus had the exclusive right to reproduce the said artistic works in any material form. They found that the petitioners were manufacturing/selling electric churners (madhani) illegally using the logo "usha" in the same artistic manner in which it was registered in the name of the complainant and the petitioner had thereby committed the criminal offence punishable under Section 63 of the Act and under Section 468 of the Ind