GURU BIPIN SINGH Vs. CHONGTHAMMANIHAR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Shri Jethmalani, appearing for the appellant has contended that the proceeding is an abuse of the process of the Court and deserves to be quashed because of there being no legally admissible evidence against the appellant and also because no offence has been made out even if the allgations made against the appellant in the complaint be accepted as true.

(3.) The abuse of process argument is advanced, inter alia, on the ground that the complaint is stale inasmuch as relating to the self - same matter a complaint had been filed in early 1966 under S.500, IPC, which became subject matter of Complaint Case No.13/66, which, however, ended in compromise in 1968. According to the learned counsel, to re-agitate the same matter in 1990 is not for any bona fide purpose but because of jealousy against the appellant for his having been awarded Sangeet Natak Akademy Award for the book titled "Govinda Sangeet Lila Vilasa" which was published by the appellant in 1964. The award was in token of the learned presentation of the subject. The abuse argument is also advanced because in the earlier case an apology had been tendered by the appellant which had come to be accepted; and so, the present complaint is only to harass him.