N.M. Golvalkar, J.

1. This is a reference under Section 438, Criminal Procedure Code, by the Additional Sessions Judge, Jabalpur, recommending that the order dated 13-8-1958 of the Magistrate 2nd Class, Sehora, dismissing the complaint of Baboolal against non applicants 2 to 5 and discharging them under Section 259, Criminal Procedure Code, be set aside being illegal and incorrect.

2. The reference has been made in the following circumstances.

3. The complainant Baboolal filed a complaint against the accused under Sections 482, 486, Indian Penal Code, read with Section 68(2) of the Trade Marks Act on 27-3-1957. After the complainant and his witnesses on later dates, the complaint was registered on 3-4-1957 under Sections 482 and 486, Indian Penal Code, and Section 68 of the Trade Marks Act. The accused were ordered to be summoned and to produce certain property and account books. On 23-4-1957 to which date the hearing was fixed, only accused Daulatram was present. But it seems Shri Awasthy plead r appeared presumably for all the accused as he applied for dispensing with the presence of the accused. The trying Magistrate granted exemption provided the accused appeared in person in