VISHWA MITTER vs O. P. PODDAR AND OTHERS

The Supreme Court held that under Section 190 of the Code of Criminal Procedure, 1973, any person can initiate a complaint for an offence without needing to be the registered owner of a trademark, as long as the complaint sets out facts constituting an offence. The Court clarified that the competence of the complainant is not a ground for a Magistrate to decline cognizance of the complaint. The appeal was allowed, reinstating the complaint against the respondents under Sections 78 and 79 of the Trade and Merchandise Marks Act, 1958 and Section 420 IPC.