ANGELE G PEREIRA Vs. LEON DSOUZA

JUDGEMENT

(1.) BY means of this petition, preferred under section 482 Cr. P. C. , the petitioner (orig. accused) has prayed that the proceedings in Criminal Complaint Case No. 171/s of 1991, (under section 499 and 500 I. P. C.), arising out of a complaint filed against him on 15-4-1991, by the respondent No. 1 in the Court of the Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Bombay, be quashed.

(2.) THE allegations in brief as unfolded in the complaint are that the complainant (respondent No. 1) Dr. Leon DSouza, was the President of Catholic Gymkhana Club, Bombay in the year ending on 26-9-1990. On the said date, in the Annual General Meeting, the petitioner Angelo Pereira, was elected as President. While the complainant was President, a contract had been given by the Managing Committee to one Seltzer Pinto, a member of the club, for running a permit room. The said contract was terminating on 1-10-1990. Bearing in mind the convenience of the members of the club, the Managing Committee of which, the complainant was President, executed a fresh contract with Seltzer Pinto. As mentioned earlier, on 26-9-1990, the petitioner got elected as President. He did not permit Seltzer Pinto, to run the permit room on the basis of the previous contract. Consequently, Seltzer Pinto filed a suit in the City Civil Court at Bombay, bearing Short Cause Suit No. 7936 of 1990, against the club for various reliefs. By letter dated 3-12-1990, Seltzer Pinto informed the complainant that as the City Civil Court had not granted ad interim reliefs, he had preferred an appeal in the High Court. In the said letter, Seltzer Pinto also informed the complainant that the petitioner had filed an affidavit in the High Court making defamatory allegations against him. Para 3, 4, 6, and 8 of the said affidavit are reproduced in the complaint and the burden of the song in them, is that the previous Managing Committee, of which the complainant was President, had acted fradulently and in collusion with Seltzer Pinto so that he could have unfair advantage. It is alleged in the complaint that the said averments in the said paras, are defamatory. Consequently, in para 12 of the complaint, it is stated that the original accused Angele Pereira, (petitioner) had committed an offence under section 499 I. P. C. , which is punishable under section 500 I. P. C.

(3.) IT appears that after filing of the complaint and the usual verification, the original accused (petitioner) Angelo Pereira, was summoned in the Court of the Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Bombay, for offences under section 499 and 500 I. P. C. The summoning order however, has not been annexed with this petition.