M SOMASHEKAR Vs. S A SUBBARAJU

JUDGEMENT

(1.) Petitioners-1 and 2 were Accused Nos. 1 and 2 respectively and respondent was the complainant in C.C.No. 119 of 1983 on the file of the Chief Judicial Magistrate, Chick- magalur, (hereinafter referred to as "the trial Court or the trial Magistrate" as the case may be). For the sake of convenience, reference will hereinafter be made to the parties in this revision petition with reference to the positions they occupied in the trial Court viz., complainant and accused.

(2.) Both the accused are convicted by the trial Magistrate for an offence under Section 500 I.P.C. and sentenced to undergo imprisonment for a period of one month and also to pay a fine of Rs.1,000/- or in default to suffer imprisonment for a further period of two months. Criminal Appeal No.24 of 1985 filed by the accused in the Court of the Sessions Judge, Chickmagalur, against the judgment of conviction and sentence dated 20-11-1985 passed against them by the trial Court is dismissed by the learned Sessions Judge by judgment dated 24-1-1987. Feeling aggrieved by the said order of the appellate Court, the accused have filed this revision petition under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short "the Code").

(3.) The material averments made by the complainant in his private complaint filed under Section 200 of the Code in the trial Court on 31-8-1981 are as under:- (a) First accused M. Somashekar (A-1) is the editor and publisher of a Kannada weekly newspaper called "Sarpakavalu" edited and published at No. 1181, 5th Block, 6th Cross, Dhobhighat, Rajajinagar, Bangalore 10 and second accused K. Sampathkumar (A-2) is the printer of the said newspaper printed at Manjula Printers, No. 77, J.M. Lane, Balepet Cross, Bangalore-53. Under the leadership of the complainant, one Nagarajappa, resident of Rajajinagar, Bangalore, had received a sum of Rs. 19,500/- as advance agreeing to sell 7 sites in Athiguppe village near Bangalore in favour of 7 persons in 1979. It was found some time after payment of advance to Nagarajappa that he was not the owner of the sites which he had agreed to sell to the 7 persons and he had played fraud on the complainant and his friends. Therefore, a complaint was lodged against the said Nagarajappa for the offences of fraud and cheating in Chickpet Police Station, Bangalore City. At that stage, the first accused, who is said to be the friend of Nagarajappa, voluntarily introduced himself to the complainant and represented that he would settle the matter between him and Nagarajappa provided he is given a commission of Rs. 2000/-. At the instance of the accused, the matter between the complainant and Nagarajappa was settled on 5-6-1981 and pursuant to that settlement, Nagarajappa gave a post dated cheque for Rs. 15,000/- to the complainant. The complainant told the first accused that he would pay his commission of Rs. 2,000/- after the cheque issued by Nagarajappa was encashed. But the said cheque bounced. Therefore, the complainant refused to pay the commission of Rs. 2.000/- to the first accused. Thereupon, the first accused became disappointed and enraged against the complainant. With the ulterior motive of blackmailing and defaming the complainant and extracting money from him, the first accused got a false and defamatory matter published in his weekly newspaper "Sarpakavalu" dated 20-8-1981. It is published in another newspaper called "Karmika Vani" of Bangalore that the first accused is an Ex-Police Constable and he had cheated a good number of unemployed labourers promising to get them employment. (b) It is falsely alleged in the defamatory article published by the first accused in his weekly newspaper called "Sarpakavalu" dated 20-8-1981 and printed by the second accused that he (complainant) has invested his black money in a business in Bangalore; that he is debaucherous and he has engaged two rooms in a hotel in Bangalore - one room for his business and another room for prostitution - and he has cheated one cinema actress by promising to marry her and further he deals in fake notes by exchanging bags containing fake notes at Madras and thereby he has duped one of his relatives to the tune of Rs. 35,000/- and the said Vysya Sikamani of Chickmagalur has now come to Bangalore and he is a notorious person etc., The first accused has also sent by post a good number of copies of his "Sarpakavalu" newspaper containing the above defamatory matter to complainant's friends and relatives and business people of Chickmagalur town in order to defame him and to bring down his reputation in the eyes of his friends, relatives and business people with whom he is having business connection. The said allegations are per se defamatory. By printing the newspaper containing the said defamatory article, the second accused has also committed the offence of defamation. (c) After receipt of Sarpakavalu newspaper dated 20-8-1981 by post, a good number of his relatives, friends and people in the business circle of the complainant made enquiries with him and they began to look at him with disrespect and his business is also effected since then. Dignity, respect, reputation and credit of the complainant has been very adversely affected since then. Therefore, the accused have committed the offence under Section 500 I.P.C. against the complainant.