DARSHAN SINGH Vs. YUDHISHTHIR SINGH AND ANOTHER

JUDGEMENT

(1.) This criminal revision under Section 397 read with Section 401 of Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') has been filed against the judgment dated 06.01.2014 passed by Xth Additional Sessions Judge, Gwalior in Criminal Appeal No.349/2013 affirming the judgment dated 30.09.2013 passed by the Judicial Magistrate First Class, Gwalior in Criminal Case No.829/2011 by which the applicant has been convicted for the offence under Section 500 of IPC and sentenced till rising of the Court with fine of Rs.5000/- with default stipulation.

(2.) The facts of the case in brief are that complainant /respondent No.1 herein has filed a private complaint against the applicant/accused alleging that he is retired Police Officer. He earned and got reputation in the department as well as in the society. On 24.08.2006 applicant has got the defamatory news published in the newspapers that the complainant has asked bribe for appointment of the applicant in the police department and he was shown as cheater and fraud by which the complainant felt defamed.

(3.) The learned Judicial Magistrate has taken cognizance against the applicant for the commission of offence under Section 500 of IPC and issued notice to the applicant. After appearance of the applicant, the trial Court has initiated the proceedings in the case and after giving opportunity of hearing to both the parties the applicant was found guilty for the offence and he was convicted and sentenced as stated herein above.