2001 (5) TMI 966 - SC - Indian Laws

Summary

Issues Involved:
The issues involved in this case include allegations of defamation under Section 500 IPC, quashing of proceedings under Section 482 Cr.P.C., and the application of the Ninth Exception to Section 499 of the Penal Code.

Allegations of Defamation under Section 500 IPC:
The appellant filed a private complaint against the respondents, alleging false imputations made against him in an application under Section 436 Cr.P.C. The Magistrate found these allegations false and convicted the respondents under Section 138 of the Negotiable Instruments Act. The appellant sought punishment for defamation under Section 500 IPC, claiming that the imputations harmed his reputation. The Magistrate, after recording the complainant's sworn statement, issued summons to the respondents for the offence under Section 500 IPC.

Quashing of Proceedings under Section 482 Cr.P.C.:
The respondents filed a criminal petition before the High Court under Section 482 Cr.P.C. to quash the proceedings in C.C. No. 25353/99. The High Court allowed the petition, leading to an appeal before the Supreme Court. The appellant contended that the High Court erred in interfering with the Magistrate's order issuing summons, citing previous court decisions to support his argument.

Application of Ninth Exception to Section 499 of the Penal Code:
The respondents argued that the complaint was time-barred under Section 468 Cr.P.C. as similar statements were made earlier. The appellant contended that the offence was continuing, and the complaint was not barred by limitation. The Supreme Court analyzed previous court decisions and emphasized that the High Court erred in quashing the proceedings under Section 482 Cr.P.C., as the case warranted further trial to determine aspects such as good faith and public interest.

In conclusion, the Supreme Court set aside the High Court's order and restored that of the Magistrate, allowing the appeal and emphasizing the need for a trial to examine the allegations of defamation and the application of legal exceptions.