P SHARMA Vs. P S POPLI

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure is directed against the order dated 24/5/95, passed by the court of Metropolitan Magistrate, Delhi, dismissing application of the petitioner for recalling the order of summoning for the offence punishable under Section 500 Indian Penal Code, in the complaint filed by the respondent.

(2.) Facts in brief are that on 12/9/1986, respondent filed a complaint under Sections 420/336/338 Indian Penal Code against petitioner and others, alleging therein, that his brother was to undergo a minor operation and for that purpose he was looking for some good Nursing Home with adequate facilities. He met the petitioner, who was director of Dr.Sharma's Nursing Home; the petitioner told the respondent that his Nursing Home had all modern facilities with air-conditioned rooms. On 7/8/1981 respondent admitted his brother in the said Nursing Home. The representations made by the petitioner, were found to be false, the room was not air-conditioned and medical care was not satisfactory. The respondent reported the matter to concerned authority, but in vain. Thereafter he filed a criminal complaint against the petitioner, which was dismissed on 8/6/1987 by the Magistrate holding that operation was performed on 7/8/1981 and the complaint filed on 12/9/1986 (nearly six years after the operation) was barred by limitation. The respondent preferred a revision petition and the Ld. Additional Sessions Judge (for short "ASJ") allowed the same on 31/7/1989. The accused persons were ordered to be summoned and put on trial. Against the order passed by ASJ, petitioner came up in revision in this Court, which was also dismissed on 26/3/1990. In May, 1990, petitioner filed a petition for Special Leave to Appeal (for short "Special Leave Petition") in the Supreme Court of India against the order passed by this Court. In the Special Leave Petition, it was inter alia pleaded by the petitioner, that the complaint filed by the respondent was wholly false, mischievous and intended to black mail him. The Supreme Court allowed the appeal (Special Leave Petition) and quashed the complaint and order of summoning on 14/03/1996. Thus the first round of litigation between the parties ended.

(3.) In May, 1990 the respondent opened another front and filed comolaints under Section 500 Indian Penal Code alleging that the imputation made by the petitioner in the Special Leave Petition i.e. "complaint of the respondent, was wholly false, mischievous and black mail ing tactic" was intended to harm his reputation. Paras 3 to 7 of the complaint read as under:-