( 1 ) THIS judgment shall also dispose of Criminal Appeals No. 47 and Cr. Misc. (M) 322 of 1982 since in all these cases common question of law and fact is involved.

( 2 ) THE appellant M/s. Guest Keen Williams Ltd. prosecuted the respondent under Sections 78 and 79 of the Trade and Merchandise Marks Act, 1958 in four different complaints. All these complaints were dismissed by the Chief Metropolitan Magistrate on 13th January 1982 under Section 249 of the Code of Criminal Procedure in absence of the complainant.

( 3 ) THE complainant filed four revision petitions for the revision of the aforesaid order. The otences under Sections 78 and 79 of the Trade and Merchandise Marks Act are triable as summons cases. It seems, an objection was taken that the impugned order should be deemed to have been passed under Section 256 of the Code of Criminal Procedure and that under Section 249ofthecodeofgriminalprocedureandthatundersection 256 of the Code of Criminal Procedure the accused are to be deemed to nave been acquitted and, therefore, only an appeal lies against the order of acquit- tal and the revision petitions are not competent.

( 4 ) ON 23rd February 1983 a learned s