BETTIAH LOKESH Vs. N.RAMESH

JUDGEMENT

(1.) This Petition has been filed to quash the criminal proceedings pending in C.C.No.3824 of 2016 on the file of the learned XIV Metropolitan Magistrate, Egmore, Chennai, thereby taken cognizance for the offences under Sections 499 & 500 of IPC, as against the petitioner.

(2.) The learned counsel appearing for the petitioner submitted that the petitioner is arrayed as first accused in the complaint lodged by the respondent in C.C.No.3824 of 2016 for the offences under Sections 499 and 500 of IPC, alleging that the petitioner issued show case notice dated 20.02.2016 to the respondent raising false allegations and accusation intentionally and deliberately fully knowing that such imputations will harm the reputation and cause serious damage and injury to the name and reputation of respondent and as such the imputations are highly defamatory in nature. He further submitted that admittedly it is a show cause notice dated 20.02.2016 and it does not make out any offence under Section 499 of IPC. In fact the petitioner did not issue the show cause notice in his personal capacity and it is the decision of the Managing Committee of the Travel Agents Association of India and the petitioner is a Managing Director and he signed the show cause notice. Further it was issued as per the Article 24 of Memorandum of Article of Association of the Travel Agents Association of India and it is squarely falls under exception VII & VIII of the Section 499 of IPC. In support of his contention he relied upon the following judgments:- i.

(3.) Per contra, the learned counsel appearing for the respondent/ defacto complainant submitted that M/s. Sangam Travels having head office at Trichy and branch office at Chennai and both office being accredited travel agent by IATA is an active member of Travel Agents Association of India at Chennai. On 19.02.2016, the respondent did not attend the regional meeting as he was seriously undergone medical treatment for about more than one year. When it being so, the petitioner would not have issued any show cause notice that too defamatory and derogatory statements thereby affecting his name and reputation in the several industries relating to air travel, tourism, hotel and society and in the estimation of others on his image was lowered down. He further submitted that the said show cause notice was challenged by way of suit in O.S.No.1199 of 2016 on the file of the XVI Assistant City Civil Court, Chennai, in which the second accused one Mrs. Devakithiyagarajan defend the suit on behalf of the first accused herein. She deposed in the cross-examination as follows :-