RATNAKAR VAMAN KALGHATGI Vs. SHRIRAM GANGADHAR DATE

JUDGEMENT

(1.) The Petitioner has challenged the order dtd. 21/03/2023 passed by Additional Sessions Judge, Greater Mumbai in Criminal Revision Application No.1068 of 2022. They are also challenging the order passed below Exhibit-34 on 27/09/2022 in C.C.No.567/SS/2005 by learned Additional Chief Metropolitan Magistrate, 4th Court, Girgaon, Mumbai.

(2.) The Petitioners were mentioned as the original accused Nos.3,5,6 and 7 in the complaint filed by the Respondent No.1. The complaint was filed for commission of offence punishable U/s.499 r/w. 500 of the I.P.C . in respect of the news item published in a Marathi newspaper.

(3.) At the first instance, learned Magistrate vide order dtd. 25/10/2025 issued process U/s.499 r/w. 500 of the I.P.C . only against the accused No.1; who was described as Managing Director of the Co-operative bank. There was specific observation made in paragraph-5 of the said order dtd. 25/10/2005 that, the Court was of the opinion that, at that stage the complainant had been successful in making a prima facie case for issuing process under sec. 499 r/w.500 of the I.P.C . against the accused No.1 only. The complainant had made all the Directors as accused. However, according to the learned Magistrate, the material on record showed that it was the Managing Director who had given the declaration and there was no material to show that the declaration was also drafted and accepted by other Directors of the Bank before it was given to the publication. This order remained unchallenged and the trial proceeded further. As of today, evidence led by the complainant is closed and statement of the accused No.1 is recorded U/s.313 of the Cr.p.c.