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TMI Blog2018 (8) TMI 2013X X X X Extracts X X X X X X X X Extracts X X X X ..... t the only allegation made against the petitioner is that he issued a notice on behalf of accused No.1. There are no allegations that he intended to malign the name of the complainant. According to the complainant the said notice was addressed to his office address. There are no averments in the private complaint that the said letter has been read by any one other than the complainant. Even in his sworn statement no such allegation was made. The complainant did not examine any independent witness to show that the contents of the registered notices were read or circulated or published to any outsiders so as to constitute an offence punishable under Sections 499 and 500 of the Indian Penal Code. Without considering any of these aspects merely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice were deliberately made known by the petitioner by sending the notice to the official address of the complainant. Further he submits that inspite of knowing that the complainant is not involved in the affairs of his employees he was dragged into the alleged controversy making false and baseless allegation that he was harbouring the employee which amounts to defamation within the meaning of Section 499 IPC and therefore the trial Court has rightly taken cognizance of the said offence and issued summons to the petitioner. Hence he seeks for dismissal of the petition. 7. In support of his argument, the learned counsel for respondent has placed reliance on the decision of the Honble Supreme Court in the case of Shatrughna Prasad Sinha vs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tement the complainant has reiterated the above allegations and has stated thus: Then in the month of October, 2010, I got a legal notice from accused No.1 and accused No.2 who is a lawyer of accused No.1 intimating me that I am harbouring an offender in whose name there is a case pending in Patna court. I ignored that letter and advised my employee to handle these personal affairs. Subsequently in December 22nd of 2010 my employee was arrested from the office and he was taken to the police station. I went to the police station with an advocate to enquire about what happened. Subsequently my employee was released on bail by Patna court in 7.1.2010. On 17.01.2010 accused No.1 and her lawyer sent me another legal notice stating that not only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner constitute the offence of defamation under Section 499 of IPC? 12. Section 499 of the IPC reads as under: 499. Defamation.Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. Explanation 1.It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.It may am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the person concerned only cannot be said to be a publication. 15. What can be gathered from the above averments is that the grievance of the complainant, insofar as the present petitioner is concerned is that he sent the notices on behalf of accused No.1, to the office address of the complainant with a view to damage the reputation of the complainant. 16. It is not the case of the complainant that the contents of the legal notice sent by the petitioner were published by him to any person other than the complainant. According to the complainant the notices were sent through post to his registered address. It has to be presumed that when a registered notice is sent to the last known address it is meant to be opened and read by the person co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tracted. Furthermore the case of the complainant is that the petitioner herein has made the said statement on behalf of his client namely, accused No.1 and therefore the said imputations cannot be personally attributed to the petitioner. Therefore, viewed from any angle, I am of the view that the averments made in the private complaint and the statements made in the sworn statement of the complainant do not make out the ingredient of the offence under Sections 499 and 500 of the Indian Penal Code in so far as the petitioner is concerned. 18. It is also necessary to note that the petitioner is a resident of Bihar State. Section 202 of Cr.P.C. cast a mandatory duty on the Court to hold an enquiry before issuance of process, when the accused ..... X X X X Extracts X X X X X X X X Extracts X X X X
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