A. K. SINGH, J.

( 1 ) HEARD the learned counsel for the petitioner and learned Public Prosecutor for the State.

( 2 ) THIS Criminal miscellaneous petition under Section 482 of the Criminal Procedure Code is directed against the judgment dated 4th August, 1990 passed by the learned Chief Judicial Magistrate, Barmer in Criminal Regular Case No. 433/87 State v. Gopal whereby the petitioner Gopal was convicted under Sections 52-A read with 68a of the Copy Rights Act, 1957 and was sentenced to undergo imprisonment till the rising of the Court and to pay a fine of Rs. 1,000/- and to further undergo simple imprisonment for 2 months for default in payment of fine. Feeling aggrieved by the aforesaid judgment passed by the learned Chief Judicial Magistrate, Barmer the petitioner has moved this petition under Section 482 of the Criminal Procedure Code and prayed that the conviction as well as sentence passed by the learned Chief Judicial Magistrate, Barmer be quashed and set aside.

( 3 ) IN the petition filed by the petitioner in this case it has been stated that according to prosecution on 27th January, 1987 at about 4. 00 p. m. Mohanlal proprietor of Amber Talkies, Barmer lodged a