AJAY SHAH Vs. MULTI COMMODITY EXCHANGE OF INDIA

JUDGEMENT

(1.) Heard learned counsel appearing for the parties.

(2.) By this application u/s.482 of the Code of Criminal Procedure, the petitioner prays for quashing of the order dated 26th March, 2009 passed by the Metropolitan Magistrate, 16th Court, Bombay issuing process (summons) in Criminal Case No.4471/SS of 2009 and also prays for quashing of the complaint.

(3.) Multi Commodities Exchange of India (hereinafter referred to as "the complainant") filed a complaint before the Metropolitan Magistrate alleging that had by writing and causing to be published an article "The X factor in regulation" in the Financial Express dated 4th February, 2009, the applicant had committed an offence of defamation punishable u/s.500 of the Indian Penal Code (IPC) and therefore he be punished in accordance with law. After recording the verified statement, perusing the complaint and the article which is alleged to be defamatory, the learned Magistrate by his order dated 26th March, 2009 issued process.