JAGMOHAN GAIROLA AND ANOTHER Vs. SURENDRA KUMAR AGRAWAL

JUDGEMENT

(1.) Present petition filed under Section 482 of the Code of the Criminal Procedure is for quashment of the impugned order dated 17.4.2006 whereby in a complaint case, offence under Section 500 read with Section 34 of the Indian Penal Code has been registered against the petitioners. Petitioners have further prayed for quashment of the entire proceedings in respect of the Criminal Case No. 680/2006 pending before the learned Chief Judicial Magistrate, First Class, Bilaspur.

(2.) Brief facts of the case are that on 24.12.2005 vide Annexure P-6 a complaint case was filed by respondent Surendra Kumar Agrawal against the petitioners under Section 200 of the Code of Criminal Procedure alleging in it that he is working as Senior Assistant Officer in the Oriental Insurance Company and his relations with the non-applicant No. 1 (petitioner No. 1 herein) are not cordial. It is alleged that one Smt. Madhu Agrawal wife of the complainant is the owner of Indica Car bearing registration No. C.G. 10 B.C. 9150 which was duly insured with the Oriental Insurance Company where complainant and the present petitioners are working. It is also alleged that on 17.5.2005 the said car belonging to Smt. Madhu Agrawal met with an accident and therefore, a claim case was putforth before the Oriental Insurance Company which however has been rejected on 18.10.2005 vide Annexure P-4. According to the complainant, while rejecting the claim of his wife Smt. Madhu Agrawal defamatory language has been used in the rejection letter dated 18.10.2005 which has been signed by petitioner No. 2 Pinaki Mallic and, thus, petitioners have committed an offence under Section 500 of the Indian Penal Code.

(3.) In support of its case, statements of complainant Surendra Kumar Agrawal and his wife Smt. Madhu Agrawal were recorded by the court below on 8.2.2006 and 8.3.2006 respectively, and thereafter on 17.04.2006 after taking, cognizance of the case, notices have been issued to the petitioners.