1. A question with regard to the interpretation of S. 319 of the Criminal P. C., 1973 ('the Code'), arises in this Miscellaneous Criminal Application, which is now converted into a special criminal application, at the request of the learned Advocate appearing for the petitioner.

2. The question arises in the following circumstances.

3. The present petitioner is original accused No. 4 in proceedings which are pending before the learned Metropolitan Magistrate, 7th Court, Ahmedabad, being Criminal Case No. 1158 of 1977. Respondent No. 3 Keshavlal Popatlal attached as Accountant to a firm named Anwarbeg Gausbeg and Company, Manufacturing and Distributing Incensed Sticks (Agarbatti), filed a complaint before the learned Magistrate on 17-6-1977 complaining that there was violation of the registered trade mark of his firm in "Guru Darbar Agarbatti" supplied by accused No. 1 Dahyabhai Ambalal and accused No. 2 - Narendrabhai Manibhai Modi (present respondent No. 2) and one Kanubhai Gopal