R R VARSANI Vs. VINOD H BRAHMBHATT

JUDGEMENT

(1.) NONE present for the respondent, even as he appears to be a practising advocate and his affidavit -in -reply is filed way back in the year 1998.

(2.) PETITIONERS have invoked provisions of section 482 of the Code of Criminal Procedure, 1973 (for short, "the Code") for quashing the complaint pending before learned Metropolitan Magistrate, Ahmedabad as criminal case No. 977 of 1995. The complaint, in substance, alleges that on 28.3.1995, the petitioner had published a public notice which contained defamatory and incorrect statements resulting into offences punishable under sections 499 and 500 read with section 114 of Indian Penal Code, 1860. After recording statement of the complainant, summons were ordered to be issued by the learned Metropolitan Magistrate on 25.5.1995.

(3.) IT was argued by learned counsel, Mr Bambhania appearing for the petitioners, that the notice in question was admittedly issued after a litigation between the parties was decided by this Court on 28.12.1994 whereby Misc.Criminal Application No.5319 of 1993 was allowed and process issued pursuant to the complaint filed by the complainant herein and the proceedings in criminal case No.548 of 1992 were quashed with the observations, inter alia, as under: