FRANCIS WACZIARG Vs. RAJESH LAJRAS

JUDGEMENT

(1.) In this petition under section 482 Cr.P.C., the petitioner-accused seeks quashing of complaint case No.29/2001 and setting aside of Judgment dated 30/05/2001 passed in Criminal Revision No.49/2001 by an Additional Sessions Judge and order dated 2/06/2001 passed by a Metropolitan Magistrate in the said case.

(2.) . Facts giving rise to this petition, in brief, are these. Respondent-complainant is an employee of Find Agencies Pvt.Ltd, A-58, Nizamuddin East. On 17/01/2000 he tiled a complaint under section 500 IPC against the petitioner who is a director of the company alleging that he was issued a chargesheet dated 22/11/1999 and therein the petitioner has made defamatory statements against the respondent with intention to harm or knowing or having reasons to believe that such statements will harm his reputation. The chargesheet was got written from someone in Hindi by the petitioner and a copy thereof was also sent to Labour-cum-Conciliation officer. In para No.12 of the complaint the statements / imputations which are alleged to be defamatory, have been set out as under :-

(3.) . After considering pre-summoning evidence adduced by the respondent, complaint was dismissed by the order dated 30/01/2001 by a Metropolitan Magistrate seized of the case. Relying on the decision in Balraj Khanna and others vs. Moti Ram, AIR 1971 SC 1389, Criminal revision No.49/2001 taken out against this order by the respondent was accepted by the order dated 30/05/2001 by an Additional Sessions Judge and case was remanded back to the Metropolitan Magistrate to summon the accused if a prima facie case was made out against him. By the order dated 2/06/2001 the petitioner has been summoned to face trial for the offence under section 500 IPC by the Metropolitan Magistrate.