SUBHASH MOTWANI Vs. FRANK FINN MANAGEMENT CONSULTANTS

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (Crpc) seeks the quashing of Criminal Complaint No. 297/1 of 2003 titled "m/s frank Finn Management Consultants v. Subhash Motwani and Another" pending in the Court of the Metropolitan Magistrate (MM), Rohini Courts, Delhi under section 500 IPC. Background facts

(2.) THE complaint by M/s Frank Finn Management Consultants ("ffmc") stated that it is a unit of Frank Finn Aviation Services Private Limited, and is engaged in basic cabin crew training and providing assistance to the trainees in finding jobs in reputed international and domestic airlines. According to FFMC, Mr. Subhash Motwani Petitioner No. 1 (arrayed as Accused No. 1 in the complaint) and mr. S. S. Motwani, Petitioner No. 2 (arrayed as Accused No. 2 in the complaint), had around the year 2000-01 started a similar training course as that offered by ffmc. The Petitioner No. 1 was described as a Director of the Institute of Hotel cargo and Tourism Management. It was stated that Petitioner No. 1 along with petitioner No. 2 were the Editors and publishers of a journal/magazine known as "opportunities Today". It was stated that in the September 2001 issue of the said journal, which is also circulated in Delhi, an article under the title "flights of Fancy: Crash Courses or Crashing Hopes!"" was published which made several incorrect statements about the complainant FFMC. The said article was also published on the Internet through a website of the accused. It was alleged that although the complainant was not named in the article, the suggestion in the article was clearly referred to it. It was stated that the article was defamatory and intended to harm the reputation of the complainant.

(3.) THE complainant further stated that a legal notice had been issued on 9th october 2001 calling upon the accused to publish the correct position, tender an unconditional apology in the magazine and compensate the complainant in the sum of Rs. 25 lakhs. By its reply dated 29th October 2001 the accused denied the charges. Thereafter on 11th February 2002, the complainant filed Suit No. 367 of 2002 in this Court against the accused seeking damages in the sum of Rs. 25 lakhs for defamation. The petitioners here filed their written statement in the aforementioned suit on 28th August 2002. Issues were framed on 29th April 2004