(1.) HEARD . By consent, admitted and taken up for final hearing forthwith.
(2.) THE applicant is the accused in SCC No.350/2012 registered in the Court of Judicial Magistrate First Class, Yawal District Jalgaon. The case arises on a complaint filed by the respondent herein. After examining the respondent on oath, the learned Magistrate found that there were sufficient grounds for proceeding against the applicant with respect to the offence punishable under section 500 of the Indian Penal Code and issued process accordingly. The applicant is aggrieved by the order issuing process and his prosecution with respect to the offence punishable under section 500 of the Indian Penal Code and has approached this Court invoking its inherent powers praying that the order issuing process as well as the proceedings of the said case be quashed.
(3.) A perusal of the complaint filed by the respondent shows that the allegation that the respondent was defamed by the applicant, is based on the following: - That, the applicant had filed a criminal complaint bearing case No.300/2003 with respect to the offence punishable under section 138 of the Negotiable Instruments Act. That, in the said case, the respondent was prosecuted as one of the accused on the basis that he was a Director of the company which was the main accused in the said case. That, actually the respondent was only a nominal director and was not in -charge of the business of the said company. That, he had not signed the cheque in question, but inspite of there being no involvement of the respondent, the applicant had unnecessarily made him an accused in the said case. That, ultimately, the respondent was acquitted by the Magistrate. However, the case proceeded for about seven years which caused tremendous hardship to the respondent. That, the respondent was made to attend on all dates of the case and therefore, suffered physically, mentally and financially. That, because of the case the reputation of the respondent was affected and the respondent was lowered in the esteem of the society. That, the applicant had settled with some of the other accused in the said case, but had maliciously prosecuted the respondent with intention of defaming him.