RAKESH AGGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure, 1973 for quashing of a complaint dated 16th January, 2013 under Section 500/120B/34 Indian Penal Code being Case No. C -993 of 2013 pending in the court of learned Chief Metropolitan Magistrate, Calcutta and for other consequential reliefs.

(2.) IT is the case of the petitioners that a long standing dispute was going on between the petitioners in one hand and O.P. No. 2 Company and O.P. No. 3 who was carrying on business at O.P. No. 2 Company's Registered Office at Calcutta on the strength of a power of attorney of Company's Director and Authorized representative Ravindra Maheshwari. Said dispute was going on over the title as well as manner of possession of the building situated at Plot No. 42 and 44 Sunder Nagar, New Delhi. Several civil suits were pending between the parties in the Delhi High Court as well as in the Subordinate Court at Delhi on that score. It is further case that without any title to the property and in violation of the restrain order of the Delhi High Court O.P. No. 2 Company managed to secure a separate electric meter in the ground floor of the property and was also causing problems in regular electric supply to the 1st floor of the property being in possession of the petitioners by tampering the meter illegally. On this score learned counsel of the petitioners sent several legal notices to the O.P. Nos. 2 and 3. One such legal notice was a notice dated 24th of August, 2012 wherein the illegal acts of the O.P. Nos. 2 and 3 were pointed out. In counter blast to the litigations of Delhi the O.P. Nos. 2 and 3 filed a suit being C.S. No. 7 of 2012 against the present petitioners in the Calcutta High Court seeking damages as well as injunction of the circulation of letters dated 06.08.2012, 18.08.2012, 24.08.2012 and 29.04.2012. O.P. Nos. 2 and 3 further filed the present criminal case No. C - 993 of 2013 against the present petitioners in the Court of learned Chief Metropolitan Magistrate, Calcutta alleging defamation made by issuing and circulating said legal notice dated 24.08.2012. The allegations in said complaint case alleging defamation were all false and the case should be quashed.

(3.) IN support of his contention he refers the case of M/s. Nishka Properties (Pvt.) Ltd. and anr. vs. State of West Bengal and Anr. reported in (2013) 3 C Cr LR (Cal) 691, Dipankar Bagchi vs. The State of West Bengal & Anr. reported in (2010) 1 C Cr LR (Cal) 403, Rajendra Kumar Sitaram Pande and Ors. vs. Uttam and Anr. reported in (1999) 3 SCC 134.