N. HIRIAN Vs. B. SIVAKUMAR

JUDGEMENT

(1.) THIS Criminal Appeal arises out of the judgment of acquittal dated 29.09.2006 in S.T.C. No.145 of 2005 on the file of the learned Judicial Magistrate, Kothagiri, Nilgiris District.

(2.) THE respondent herein has sent Ex.P1 complaint dated 03.10.2001 to the District Collector, Udhagamandalam and also the General Secretary, AIADMK by making allegations against the complainant. Even though received enquiry notice, the respondent has not appeared. P.W.2/Tahsildar has conducted enquiry and given a report Ex.P2. Thereafter, the appellant/complainant has come forward with a private complaint under Sections 500 I.P.C. and 200 Cr.P.C. stating that the complainant is a serving Village Administrative Officer, Konavokkarai village and is a man of sufficient means and he is in possession of landed property, he is from reputed family, he is also one of the leading functionaries to celebrate the week long Hethamman festival at Bethala. Because of the complaint given by the respondent, complainant's reputation has been damaged and hence, he constrained to file such complaint.

(3.) LEARNED counsel for the appellant/complainant submits that the appellant/complainant is from reputed family and he is in possession of landed property and in view of the defamatory allegations made by the respondent, complainant's reputation was damaged. But the trial Court without considering the above aspects erroneously dismissed the complaint filed by the appellant. Therefore, he prayed for allowing this appeal.