REV FR BERNAD THATTIL Vs. RAMACHANDRAN PILLAI

JUDGEMENT

(1.) On a private complaint filed against the petitioner, the Chief Judicial Magistrate, Trichur took cognizance of an offence under S.500 of the I. P. C. and issued process to the petitioner. This petition under S.482 of the Code of Criminal Procedure is to quash the said complaint and the subsequent proceedings. The respondent is the complainant.

(2.) The petitioner is the Vicar of St. Treasa's Church, Arimpoor Village and he is also the Principal of an educational complex in Trichur. The respondent/complainant was employed as a driver of the bus belonging to the said church. It is alleged that the petitioner denied employment to the respondent on and after 16-12-1984 and thereupon, the respondent issued a notice to the petitioner through a lawyer. In reply thereto, a notice was sent by the petitioner's lawyer in which it is mentioned that the respondent had misappropriated a sum of Rs. 90/- from the amount given to him by the petitioner to purchase diesel. The respondent took serious note of the said reply notice and filed the complaint against the petitioner alleging that the imputation contained in the notice is libellous to him. It is further alleged that the petitioner has spread a scandal in the locality that the respondent bad committed pilferage in diesel.

(3.) The petitioner's contention is that the Chief Judicial Magistrate ought not have taken cognizance of the offence as the statement contained in the reply notice falls within Exception No. 9 to S.499 of the I. P. C. The imputation in the reply notice is per se defamatory and hence the onus of proof is on the accused to show that the statement falls within the scope of the said exception.