(2) Where before the institution of a complaint of an offence referred to in sub- section (1), any application for the rectification of the register concerning the trade mark in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the tribunal, the court shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result o the application for rectification in so far as the complainant relies upon the registration of his mark.