JUDGMENT :

(Prayer: Criminal Revision filed under Section 397 r/w 401 of the Code of Criminal Procedure, 1973, to set aside the judgment passed in Criminal Appeal in C.A.No.95 of 2018 dated 18.07.2019 by the II Additional District and Sessions Judge, Chidambaram, Cuddalore District, by confirming the sentence and imprisonment passed in C.C.No.57 of 2012 dated 09.10.2018 by the Judicial Magistrate No.II, Chidambaram.)

1. This Criminal Appeal has been filed to set aside the judgment passed in Criminal Appeal in C.A.No.95 of 2018 dated 18.07.2019 by the II Additional District and Sessions Judge, Chidambaram, Cuddalore District, by confirming the sentence and imprisonment passed in C.C.No.57 of 2012 dated 09.10.2018 by the Judicial Magistrate No.II, Chidambaram.

2. The respondent police registered a case in Crime No.65 of 2011 for the offence under Sections 482, 486 and 420 IPC and after investigation, laid a charge sheet before the learned Judicial Magistrate No.II, Chidambaram for the offence under Sections 482, 486 and 420 IPC. The learned Magistrate taken the charge sheet on file in C.C.No.57 of 2012 and after completing the formalities, framed the charges against the petitioner for the offence under Sections 482, 486 and 479 IPC.

3. In order to substantiate the case, during the trial on the side of the prosecution as many as 11 witnesses were examined as P.W.1 to P.W.11 and 13 documents were marked as Ex.P.1 to Ex.P.13 and 10 material objects were marked as M.O.1 to M.O.10. After completing the examination of the prosecution witnesses, incriminating circumstances culled out from the evidence of prosecution witnesses were put before the petitioner/accused, by questioning under section 313 Cr.P.C, they denied the same as false and pleaded not guilty. On the side of the defence, no oral and documentary evidence were produced.

4. On completion of trial, after hearing the arguments advanced on either side, the learned Magistrate convicted the petitioner to undergo one year rigorous imprisonment and pay fine of Rs.6,000/- for the offence under Sections 482, 486 and 417 IPC. The petitioner was not guilty for the offence under Section 420 IPC and acquitted him from the said charge. He was convicted and sentenced to undergo one year rigorous imprisonment and pay fine of Rs.2,000/- for each offence and in default to undergo simple imprisonment for further period of one month for the offence under Sections 482, 486 and 417 IPC. Challenging the said judgment of conviction and sentence, the petitioner filed an appeal before the Principal District and Sessions Judge, Cuddalore in C.A.No.95 of 2018 and the same was made over to the case to II Additional District and Sessions Judge, Chidambaram, for final disposal. The learned Sessions Judge, after hearing the arguments advanced on either side, dismissed the appeal and confirmed the judgment of conviction and sentence. Challenging the same, the petitioner has filed the present criminal revision before this Court.

5. The case of the prosecution is that the petitioner herein had impersonated and printed fake labels in the name of Gopal Tooth Powder and manufactured Tooth Powder and sold it in the brand name of Gopal Toot Powder violating the trade mark pattern and reduced the sale of the tooth powder for the past six months prior to the date of lodging complaint on 27.02.2011 in and around Sethiathope, Meensurity and Jeyangkondam in the retail shops. Therefore, he has committed the offence as stated above.

6. The learned counsel appearing for the petitioner would submit that P.W.1 gave a complaint belatedly and the FIR does not contain the date on which it was registered, the head Constable/P.W.7, who has registered the case, has not given any explanation in this regard. FIR reaches the Court, with delay after the registration and no explanation was offered by the prosecution. The trial Court simply convicted the revision petitioner, based on the evidence of P.W.1 and P.W.2. P.W.1 is not owner of the