LAWS(BOM)-2017-11-370

PADMAKAR GAJANANRAO PANDE Vs. RAMESH TUKARAM DIWATE

Decided On November 23, 2017
Padmakar Gajananrao Pande Appellant
V/S
Ramesh Tukaram Diwate Respondents

JUDGEMENT

(1.) Heard learned counsel appearing for the applicant and learned Additional Public Prosecutor for respondent No.2. The learned counsel for respondent No.1 is absent. He was absent yesterday also. The notice issued to respondent No.1 by order dated 18-10-2016 clearly indicated that it is for final disposal at the admission stage, hence the matter is taken up for final hearing.

(2.) The present applicant is the original accused. The original complainant i.e. respondent No.1 filed private complaint Summary Criminal Case No.39 of 2014 against the present applicant contending that, the applicant/ accused has committed offence punishable under Section 500 of the Indian Penal Code. I would like to address parties hereinafter by their nomenclature in the original complaint.

(3.) The complainant was working as Sub-Divisional Officer with Bharat Sanchar Nigam Limited (B.S.N.L.) Office at Aurangabad. The accused is also serving with the same institution and he was the Divisional Engineer (Vigilance). It is the contention of the complainant that he has gained reputation because of his work. His family members have also earned reputation in the society. Accused started harassing him on trifle grounds since 2012. He used to defame him by leveling false allegations. He had given threat to suspend the complainant on the allegation that, he has demanded amount of Rs.2,00,000/-. The accused had conspired with the union leader and secretary in order to defame the complainant. In fact a notice defaming the complainant was displayed by the accused on 07-12-2012 on the notice board of the office, and thereby it is the contention of the complainant that he has committed offence punishable under Section 500 of Indian Penal Code.