LAWS(MAD)-2009-4-495

A PERUMAL PILLAI Vs. V MASILAMANI

Decided On April 15, 2009
A. PERUMAL PILLAI Appellant
V/S
V. MASILAMANI Respondents

JUDGEMENT

(1.) THIS criminal appeal has been preferred against the judgment of the learned Judicial Magistrate No.II, Cheyyar, Tiruvannamalai District, dated 13.03.2002 pronounced in C.C.No.102 of 1999 acquitting the accused therein (respondents herein) in respect of the charge for an offence of defamation punishable under Section 500 IPC. The appeal has been entertained after granting special leave under Section 378(4) Cr.P.C. by an order dated 06.06.2002 made in Crl.M.P.No.12257/2002.

(2.) THE appellant herein preferred a private complaint under Section 200 Cr.P.C. on the file of the court below alleging commission of an offence of defamation punishable under Section 500 IPC by the respondents herein. THE learned Judicial Magistrate No.II, Cheyyar, after following the procedure prescribed for taking cognizance of the offences on private complaint, took it on file as C.C.No.102 of 1999. On appearance, the respondents herein/accused denied the allegations made against them in the complaint, pleaded not guilty and wanted the case to be tried.

(3.) THIS court heard the submissions made by Mr.Haroon, learned counsel appearing on behalf of the appellant and by Mr.Amizhdhu, learned counsel appearing on behalf of the respondents. The entire records and the judgment of the trial court impugned in this appeal were also considered by this court.