PEROLA MENON Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, with the consent of the learned counsel for the parties made returnable forthwith and heard.

(2.) By this Criminal Application the Applicant challenges the order dated 01/01/2019 passed by the learned Additional Sessions Judge, City Civil and Sessions Court, for Greater Bombay in Criminal Revision Application No.233 of 2018 thereby confirming the order dated 06/11/2017 of the learned Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai. By order dated 06/11/2017, the learned Magistrate issued process against accused Nos.1 and 2 for the offence punishable under Section 500 read with Section 34 of the Indian Penal Code. The said order has been challenged by the Applicant herein, who is the original Accused No.2, by way of a Revision before the Sessions Court. The Sessions Court rejected the said Revision Application, and confirmed the order of issuance of process passed by the learned Magistrate.

(3.) According to the complainant he is a partner of M/s. Status Enterprises. Accused No.1 is the husband of Accused No.2 i.e. the Applicant herein. The Applicant herein i.e. the original Accused No.2 is a dentist and was practicing with one Nicholson Dental Clinic. The firm of the complainant is the authorized distributor in India of Dental Equipment manufactured by Midmark Corporation. The Midmark Dental Equipment was purchased by Ms. Farida Nicholson wherein the Applicant/Accused No.2 was working as dentist. The said Farida Nicholson decided to close down the clinic and gifted all the equipment to the Applicant. Ms. Farida Nicholson requested the complainant to shift the equipment to a storage site in Colaba. The complainant has given costing of transportation of Rs.25,000/- but there was no deal with accused Nos. 1 and 2 for shifting of equipment. After the owner of Nicholson clinic communicated the quotation to accused No.2 to which she was not ready to pay the amount mentioned in the quotation. On that count the husband of the Applicant Mr. Rajeev Menon, who is the original accused No.1, made a defamatory statement on facebook page of Midmark Corporation.