ODEBRECHT PERFURACOES LIMITED Vs. STATE

JUDGEMENT

(1.) In the present case a complaint was filed by ShriSardar Singh, respondent No. 2 herein, under Section 500 read with Section34 of the Indian Penal Code (IPC) against M/s. Odebrecht Perfuracoes Ltd.,(hereinafter referred to as 'the company') and Mr. J.A. Bernardi, Director of Operations in India of the said company, the allegations made in thecomplaint are based on a news item published in the Financial Express dated 20/11/1992. In this news item it has been, inter alia, stated "thatM/s. Jagson International Limited,(JIL), an oil drilling company, has alreadybeen dragged to the Court by OPL over what they claim to be unethicalbusiness practices by the Indian company. According to OPL,none of these conditions were fulfilled. Jagson undertook contracts for thetwo rigs under the name of JIL instead. Terming this as unethical OPLdecided to withdraw from the agreement."

(2.) The said complaint was listed for hearing before Shri R.S. Mahla,Metropolitan Magistrate, Delhi on 19/12/1992 and the complainant examined himself in support of the allegations made in the complaint.In his statement, inter alia, he stated that as a shareholder of the companyknown as JIL he was an interested and affected party when its reputationwas damaged. After hearing the arguments advanced by the learnedCounsel for the complainant, the learned Metropolitan Magistrate orderedthat all the accused be summoned.) In terms of the order passed by thelearned Metropolitan Magistrate both the accused were further restrainedfrom leaving the country without prior permission of the Court It may bepointed out here that as per the complaint, the company has been shownbeing represented through it Managing Director Mr. Luiz Villar.

(3.) In the present petition the petitioners have challenged the orderdated 19/12/1992 passed by the learned Metropolitan Magistrate.