( 1 ) THE opposite party is engaged in publication of books under the name and style of N. J. Publishers, Varanasi. The applicant carries on the business in printing as New Delhi under the name of M/s. Skylark Printers. The allegations of the opposite party in the complaint filed by him on July 31, 1979, in the court of the Chief Judicial Magistrate, Varanasi, giving rise to these proceedings are that he had asked the applicant to print and bind 1, 100 copies of his publication, namely, Indian Mythology. The opposite party had also told the applicant that the latter was to obtain instructions from M/s. Bhartiya Vidya Prakashan, Delhi Branch, New Delhi, who are the sole distributor and agent for and on behalf of the opposite party. The prints were to be handed over to the said distributor at New Delhi. The applicant, it was further alleged, handed over 300 copies only upto January 22, 1977, but not the rest despite notice given by the opposite party on January 22, 1977. On September 6, 1978, it is further stated the accused met the opposite party by chance in Varanasi. The complainant asked him for the remaining copies which the accused denied. On February 19, 1981