1. The applicant - complainant has filed this revision application challenging the order confirming the dismissal passed by the Additional Sessions Judge, Akola, in Criminal Revision Application No. 32 of 1973 arising out of an order dated 14-8-1973 passed by the Judicial Magistrate First Class, Akola in Criminal Case No. 2440/73 dismissing the complaint of the complainant.

2. The facts in brief are as under -
The complainant is the Controller of Akola area of Brooke Bond India Limited, a Company incorporated under the Indian Companies Act having its registered office at Calcutta. The Company has got branches all over India. The Company is selling one brand which is known as "Special Hotel Blend." The said tea is wrapped in a packet with a floral design with a rose flower with green leaves and a stem underneath. The details about this wrapper is to be found in paragraph No. 3 of the complaint. The complainant further recited in the complaint that the necessary trade mark of the said wrapper has been duly obtained by the Brooke - Bond India Limited in their own name and accordingly the same is used by them for selling their products stated above. The complainant further asserted that