S C SARKAR Vs. MAHENDRA KR SARAF

JUDGEMENT

(1.) This Rule is directed against a complaint case being No. C - 1405 of 1983 under section 499/500 I.P.C. pending in the Court of the learned Judicial Magistrate, 1st Court, Alipore. It appears that the petitioners are Secretary and Chairman of the Board of Directors of a Housing Co-operative Society of which the Architects are Messrs Mukhee and Associates and Sm. Saroj, the wife of the respondent, is also one of the Directors.

(2.) It appears that on 31/7/83 a letter from the petitioners and meant for the respondentTs wife was delivered at their house and this letter was read by a number of relatives and other persons apart from the respondent and his wife. This letter, Annexure A makes a reference to certain facts and describes the respondent as an untrustworthy person, his conduct as unethical apart from describing him as the A.D.C. of his wife. The respondent lodged a complaint against the petitioners under section 499 read with section 500 of the Indian Penal Code. The learned Magistrate examined him and a number of witnesses and drew up proceedings. Hence, this revisional application.

(3.) It is urged from the side of the petitioners that reference to the petitioner in the aforementioned letter does not amount to defamation and further that since the imputation, if any, were made in good faith for the protection of the interest of the petitioners and the other members of the Cooperative Society, the petitioners are entitled to get the protection of 9th exception to section 500 I.P.C.