G CHANDRASEKHARA PILLAI Vs. K KARTHIKEYAN

JUDGEMENT

(1.) This is an appeal filed by Sri G. Chandrasekhara Pillai under S.417(3), Cri. P. C. against the order of the District Magistrate, Trivandrum acquitting the accused (respondent) who was tried for an offence of defamation punishable under S.500 of the Indian Penal Code.

(2.) The complainant is an Ex Minister, a member of the Kerala Legislative Assembly and was the president of the Trivandrum District Textile Printing and Allied Mills Industrial Cooperative Society Limited (hereinafter referred to as the Society). The accused Sri Karthikeyan is the Editor, Printer and Publisher of the evening daily paper 'Pothujanam', published at Trivandrum which is said to have a wide circulation not only in the Trivandrum City but in other places in the Kerala State. In the issue of the paper dated 27th March 1962 an article was published purporting to be from the Newspaper's own correspondent, entitled "Bogus Company for nine lakhs" with sub-headings printed in bold headlines "Kumbhakcnamgalum Thattippukalum'' (swindles and frauds); One Ex Minister and two high ranking officers, Industries Minister privy to the swindle Kumbhakonam). The complainant's case was that the allegations contained in the article, in so far as it refers to him, are all absolutely false and baseless and was made and published with intent to defame him and lower him in the estimation of the public.

(3.) Ex. P 1 is the printed copy of the Newspaper and Ex. P 2 is the article in question. The article purports to state the tale of a big fraud or swindle in the society above named of which the complainant is the president. It is stated that the society submitted a scheme for the starting of a textile printing and dyeing mill with a total investment of nine lakhs, out of which the cost of machinery and accessories was three lakhs, working capital five laths and organisational expenses one lakh. It is stated that the Industries Minister Sri Damodara, Menon tentatively sanctioned a loan of rupees three laths to the society, but the officer responsible for implementing the order insisted on an audit of the accounts of the society before payment was made, that the Minister said that audit could be done later and the money may be paid at once, that the complainant attempted to use his influence over the officer, but the office stated that the society was a bogus one and that if the amount of rupees three lakhs is to be paid the Minister would have himself to pass orders to that effect and finding no other way the Minister and the village Bose, meaning the complainant, had to yield to the obstinacy of the officer concerned. The article further stated that the accounts of the society when audited disclosed the magnitude of the fraud perpetrated by the swindling racket and the hollowness of the pretensions of this tall man who holds his head aloft and his pretensions about character and principles. It then referred to the collecting of a share capital of Rs. 75,000/- in the course of three days to enable the society to qualify for a loan of seven and a half lakhs of rupees and the purchase of a dormant textile mill belonging to the wife of the paid secretary of the society and added that when it because clear that the details regarding this naked swindle would be exposed the complainant and another person made an attempt to give up their membership. The article concluded by saying that many swindles and frauds had taken place in this country, that Kerala had given birth to 'Kayamkulam Kochunny and Vellayani Paramu (two well known dacoits)' but Kerala had not so far witnessed such tall persons holding their heads aloft and parading with their off repeated panegyrics of character and principles clad in Khadi robes but with thieving auger hidden beneath.