P.C.SANGHI Vs. SIDHARTH SANWARIA

JUDGEMENT

(1.) By way of the present petition filed under Sec. 482 of the Code of Criminal Procedure, 1973 (Cr.P.C"), the petitioner seeks quashing of the impugned order dtd. 20/7/2009, passed by learned Metropolitan Magistrate, Patiala House Courts, New Delhi arising out of Criminal Complaint No. 4213/1 of 2008, titled as "Siddharth Sanwaria v. P.C. Sanghi", for the offences punishable under Ss. 499/500 of the Indian Penal Code, 1860 (IPC").

(2.) Briefly stated, it is the case of the complainant/respondent i.e. Sidharth Sanwaria that on 16/7/2008, the petitioner herein had filed a false complaint against him before the Chairman of Bar Council of Punjab and Haryana, Chandigarh causing loss and injury to the reputation of respondent/complainant. Subsequently, the Chairman of Bar Council of Punjab and Haryana had forwarded the complaint to the General House of Bar Counsel for taking necessary action, however, no act of misconduct committed by the respondent/ complainant was found. Furthermore, it is alleged that on 22/11/2008, the petitioner had made a phone call to one Sh. Ashwani Aggarwal i.e. CW-2, a resident of New Delhi, to help and assist him in order to cancel the complainant's Bar Licence because he had defrauded multiple people in Chandigarh. After the conversation, Sh. Ashwani Aggarwal had contacted the respondent/complainant and had narrated the entire incident to him. Thereafter, on 3/12/2008, CW-2 had written a letter to the respondent seeking clarification on the allegations levelled against him by the petitioner and he had further stated that he would refrain from giving further work to the respondent until proper clarification is provided. As a result, the respondent/ complainant had lodged a complaint under Sec. 200 Cr.P.C. before the learned Trial Court, Delhi in December, 2008, alleging that the petitioner had published defamatory statements defaming the respondent/complainant on various occasions.

(3.) Learned Magistrate vide impugned order dtd. 20/7/2009 had issued summons against the petitioner. The relevant portion of the summoning order is reproduced as under: