DAU DAYAL vs THE STATE OF UTTAR PRADESH

The Supreme Court ruled that under Section 15 of the Indian Merchandise Marks Act, 1889, the prosecution for counterfeiting trade marks commences with the filing of a complaint, not the issuance of process. The appellant's argument that the prosecution was barred due to exceeding the one-year limitation was rejected, as the complaint was filed within the stipulated time. The Court emphasized that the limitation period is meant to protect the complainant and not to hinder judicial proceedings.