N. RAGHAV REDDY Vs. ASHOK GIRI

JUDGEMENT

(1.) The petitioner is an accused in a private complaint filed by the respondent for the offence under Sections 499 and 500 of IPC, pending on the file of the IX Metropolitan Magistrate Court, Saidapet as C.C. No. 3104 of 2013.

(2.) The gist of the case is that the respondent is the son of reputed Army officer and he hails from a reputed family. His great grand father is a poet, who pioneered national freedom struggle. The respondent was running a company under the name and style of M/s. Laserwords Private Limited employing more than 600 persons along with his friend Balagopalan Menon for about two decades. The petitioner got acquainted with the respondent during the parents meeting of their respective children. Due to acquaintance, friendship developed between them and the petitioner has taken loan for his business from the respondent. Though initially he was prompt in repaying the loan, thereafter he was in default. The respondent was called to join the business of the petitioner since he was unable to pay dues to the loans. The respondent joined the business, but he was unable to control the entire business, because all the employees hailed from the village of the petitioner and they were more loyal to the petitioner than to the respondent.

(3.) Thereafter difference of opinion arose between the petitioner and the respondent and by way of compromise, the company of the petitioner was taken over by the respondent with liabilities. Thereafter due to certain delay in compliance of conditions of contract, the petitioner gave a complaint to Central Crime Branch, Chennai against the respondent which came to be registered in Crime No. 5 of 2011 on 06.01.2011. During investigation MOU dated 12.01.2011 was entered between them and the complaint was withdrawn by the petitioner. Thereafter they entered into a Share Purchase Agreement and Escrow Agreement on 05.02.2011. As per the agreement there was mutual obligations between the petitioner and the respondent. Since both of them were in default, the agreement could not be completed as contemplated, for which again another complaint was given by the petitioner on 26.03.2012 and a case in Crime No. 163 of 2012 came to be registered by the Central Crime Branch, Chennai. On registration of the case the respondent was arrested and his news of the arrest, the photographs and the gist of the case came to be flashed in various TV channels viz., Shakshi TV and TV-9 and also in newspapers describing the respondent as "Ashok Giri Mr. 420 in Chennai". Further there was an inherent conspiracy by the petitioner with TV channels and the newspapers "The Hindhu" daily, Magazines "Kazhugu". Interview of the petitioner was available in the Internet, which caused irreparable damage on the reputation and the character of the respondent. Hence the respondent filed a private complaint before the IX Metropolitan Magistrate, Saidapet.