Shambhoo Singh, J.

1. This Order shall govern the disposal of MCRC No. 2135/90 arising out of Cr. Case No. 2165/86, MCRC No. 2136/90 arising out of Cr. Case No. 2167/86 and MCRC No. 2137/90 rising out of Cr. Case. No. 2166/86 pending in the Court of C.J.M. Ratlam as common question of law and facts are involved.

2. The prosecution case is that Habib, the supervisor of Kirloskar Oil Engine Proprietory Ltd., Pune, found that the respondents in all the three cases, were having engine parts bearing false trade mark of this company in their possession and were selling the same representing that these parts were manufactured by the Company and thereby they were inducing the purchasers to purchase them. He himself purchased some parts from the respondents. Expert examined them and opined that the parts purchased and seized from the possession of the respondents were spurious and were not manufactured or supplied by the company, they bore false trade mark of the company. He lodged written complaint at P.S. Station Road, Ratlam where offence under Section 420, IPC was registered. During investigation some parts were seized and were sent for examination. After investigation, challans were