2013 Supreme(Raj) 1301
VIJAY BISHNOI
Shivlal – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioner:D. Jasmatia, Advocate.
For the Respondent No. 1: A.R. Nikub, Public Prosecutor.
For the Respondents:H.S. Balot, Advocate.
JUDGMENT
1. - This criminal misc. petition under section 482 Cr.P.C has been preferred by the petitioner against the order dated 22.11.2004 passed by the learned Additional Sessions Judge No. 2, Jodhpur (for short 'the revisional court' hereinafter) whereby the revisional court dismissed the revision petition filed by the petitioner and affirmed the order dated 25.02.2003, passed by the learned Judicial Magistrate No. 4, Jodhpur (for short 'the trial court' hereinafter), whereby the learned trial court ordered for framing charges against the petitioner for the offence punishable under section 420 IPC read with section 103, 104 of the Trade Marks Act, 1999 (for short 'the Act of 1999' hereinafter).
2. Brief facts of the case are that, the complainant-respondent No. 3 lodged a report on 23.08.2001 at Police Station, Basni, Jodhpur, alleging therein that the fake cement of J.K. Brand was being sold in market on low price, therefore, he sent Shri Rakesh Dhariwal as a bogus customer to Shiv Building, from where, he purchased a bag of fake cement for consideration of Rs. 100/-, whereas the cost of a bag of J.K.Cement was Rs. 130/- in market. At that time, the petitioner got started the un
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