1. - By this Criminal Misc. Petition under section. 482 Criminal Penal Code, petitioner challenged the order dated 3.1.1997 passed by Special Judge, NDPS Cases, Jodhpur (hereinafter referred to as `the revisional Court') in revision petition filed by the petitioner against the order dated 24.10.1996 passed by Additional Chief Judicial Magistrate No. 3, Jodhpur (hereinafter referred to as `the trial Court') in Cr. Case No. 300/94. The trial Court vide order dated 4.10.1996, framed charges against the petitioner for offence under section 420 Indian Penal Code and Secs. 78 & 79 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as `the Act').

2. I have heard learned counsel for the parties. Perused the order of the trial Court dated 24.10.1996 as well as order of the revisional Court dated 3.1.1997.

3. A first information report was lodged by Shri S.K. Gupta on 22.10.1993 at Police Station, Mahamandir, Jodhpur alleging therein that he is Deputy Manager of J.K. Cement Works, he has received information from stockist of Jodhpur J.K. Cement Works, Shri Jitendra Bhandari that the petitioner is a proprietor of Shyam Marble House and Sagar Marble House, which is se