ANURAG SONI Vs. RAKESH VISHWAKARMA

JUDGEMENT

(1.) This is a petition for quashing of the proceedings pending as Criminal Case No, 123 7/2011 in the Court of CJM, Balaghat. In that case, cognizance of the offence under Section 500 of the IPC has been taken upon a complaint made by the respondent against the petitioner, who is the Director of British School of English, an Institution imparting education to learners of English language at Jabalpur. Subject matter of the complaint is the Public Notice (Annexure A/4), published by the petitioner in a local newspaper in Vernacular,

(2.) Learned counsel for the petitioner has submitted that his prosecution for the offence is an abuse of the process of the Court as he, in good faith, had cautioned the public not to enter into any transaction with the respondent under the impression that he being the franchisee was authorized to act for and on behalf of the School. According to him, the act in question is squarely covered by Exception 1 and 10 of Section 499 of the IPC.

(3.) In reply, learned counsel for the respondent, while placing reliance on decision of the Apex Court in Jeffrey J. Diermeier and another Vs. State of West Bengal and another, 2010 6 SCC 243, has submitted that "good faith" and "public good" are questions of fact to be decided on the basis of evidence. In that case "Word of Caution" published by the appellant had formed basis of the prosecution for the offence of defamation and the decline to quash the complaint was affirmed by the Supreme Court.