P RANGARAJ Vs. K ARUNAN EDITOR

JUDGEMENT

(1.) THIS appeal is filed by the complainant challenging the acquittal of the respondent/accused in C. C. No. 32 of 1996 on the file of the Judicial Magistrate No. VI Court, Coimbatore, as per the judgment dated 17. 7. 1997.

(2.) THE case of the appellant/complainant is that the accused published defamatory imputations in page No. 16 of the magazine "arunan" Ex. P-1 dated 5. 11. 1995 about the complainant. THE publication was seen by the complainant on 15. 11. 1995. In the publication, the character of the complainant was assassinated and also stated that the complainant swindled the money from the company and assaulted the workmen. After publication, the complainant (P. W. 1) was looked down by P. Ws. 2 to 4. THE complainant (P. W. 1) caused notice Ex. P-2 dated 21. 12. 1995. It was returned unserved under Ex. P-3. THErefore, the complaint (Ex. P-1) was filed, which was taken on file under Section 499 I. P. C.

(3.) LEARNED counsel appearing for the appellant/complainant argued that admittedly the publication was made by the respondent/accused in the magazine "arunan" under Ex. P-1 and despite the notice caused under Ex. P-2, the accused did not offer his excuse for making such publication, the complaint was filed and the complainant examined himself as P. W. 1 and through other witnesses has clearly established that the accused has committed the offence under Section 499 I. P. C. , in view of the fact that it has not been proved by the accused that such imputation made by way of publication is true, more particularly, in respect of the publication that the alleged deceit committed by the complainant.