HEMLATA SAHU Vs. RITA SINGH

JUDGEMENT

(1.) Applicant is aggrieved by the judgment dated 31st August, 1994 passed in Criminal Case No. 945/94 passed by the A.C.J.M. Bilaspur, whereby complaint filed by Smt. Hemlata Sahu for the offence punishable under Sections 499 and 500 IPC has been dismissed.

(2.) The complainant contended that she was running an institution in the name of Mahila Prashikshan Kendra. The Respondent took admission in the institute by depositing Rs. 113.00 for taking training of Banking and appeared in the examination in June, 1990. Thereafter the Respondent moved an application for granting training-certificate. However, the Respondent lodged a report on 21 -2-1991 at police station Civil Lines and the matter was got published in the news papers. It was contended that the publication was made with an object to defame the Applicant.

(3.) Learned trial Court issued notice to the Respondent. The Respondent abjured the guilt. Learned trial Court formulated four questions. Apart from the other defences, one of the defence was that the complainant was running the institution in the name of Hemlata Sahu though her name is Harbai. Paragraph - 13 of the judgment passed by the trial Court is pertinent to note which goes to show the facts and circumstances under which the complainant has failed to prove the variations. In paragraph - 14 it has also been noted that the complainant has failed to discharge the burden caused upon her. The complainant had failed to produce the relevant material, as such the acquittal was recorded by the trial Court.