L C RANDHIR Vs. GIRDHARILAL

JUDGEMENT

(1.) THIS is an appeal by the original complainant against the order of the Judicial Magistrate, First Class (4th Court), Nagpur passed on 2510-1972 by which the accused first respondent Girdharilal was acquitted of the charge Under Section 500 of the I. P. C. The second respondent State has not filed any appeal against acquittal. During the arguments Mr. Salve, Assistant Government Pleader supported the appellant.

(2.) THE appellant Dr. L. C. Randhir was a Senior Administrative Officer holding Class I post under the Government of India in the Indian Bureau of Mines. In addition to holding a degree of Doctorate from Punjab University, the complainant says that he is a story writer of all India repute and also composes poems in Urdu. He has thus wide reputation not only because of his being a Government Officer, but because of his other social activities. Accused Girdharilal was also an employee in the Indian Bureau of Mines. It seems, however, that by about 1967 on the conclusion of departmental proceedings he was dismissed. On 2nd of June 1969 the accused addressed to the controller, Indian Bureau of Mines, Nagpur a letter stating certain facts about the financial position of the complainant and his financial dealings. It is the contention of the appellant that this constitutes defamation, the accused was prompted with illwill and malice to make such a representation when he was awaiting a chance for his promotion. As such he ought to have been found guilty of the offence Under Section 500 of the T. P. C.

(3.) THAT letter Exhibit 15 dated 2nd of June 1969 in the first paragraph refers to the interview the writer had with the controller of Indian Bureau of Mines on 23-12-1966 when it is alleged that he had informed the Controller that the administration of the Indian Bureau of Mines was not clean and he further alleges that he had placed before the Controller for perusal documentary evidence showing that Dr. Lalchand Randhir, the complainant, was accepting undue favours from his subordinates. He says that no heed was given to his complaint and although he waited for nearly two hours, no attention was given to him. In reference to that interview the accused claims to have written the lines that followed. In the first place, it was said that Dr. Lalchand Randhir purchased a Lambretta Scooter even when no loan was available to him. According to the information of the accused, one S. S. Sharma one Shri Gulati Contractor and one Shri Kohali had advanced some amounts by cheque for the purchase of the said Scooter. The cheques were negotiated through the Punjab National Bank, Kingsway Branch, Nagpur. The writer expressed his presumption that those loans must have been paid by the time the letter was written.