MADHAB CHARAN DASH Vs. AMIYA PRASAD MISHRA

JUDGEMENT

(1.) This is a petition under Sub-Sec.(4) of S. 378 of the Criminal Procedure Code filed by the complainant of I.C.C. No. 96 of 1993 of the Court of the learned S.D.J.M., Bhubaneswar seeking leave to appeal against the order of acquittal passed in the aforementioned complaint case acquitting the accused person from the charge under S. 500 of the IPC.

(2.) The facts of the case in brief are as follows : The petitioner was the Managing Director of the Kalinga Hospital Private Limited, Bhubaneswar. The opposite party was appointed as a site Engineer and under the present petitioner and as he was found unsuitable for the job, his service was terminated with effect from 22-7-1992. It is alleged that on 9-4-1993 the opposite party sent a letter without his signature to the petitioner making all sorts of imputations against the petitioner. After receiving the letter, the petitioner sent a photo copy thereof to the opposite party asking him to put his signature thereon, if the same has been sent by him. The photo copywas sent by registered post on 19-4-93 and it is alleged that the opposite party sent back the photo copy of the defamatory letter with a signature. Receiving back the said copy of the letter the petitioner compared the signature with the signature of the opposite party available in his office and found that the signature was not the signature of the opposite party. On 6-5-93 the petitioner issued a pleader's notice to which the opposite party gave his reply through his advocate on 10-5-93. It is alleged that the said reply also contained scurrilous remarks against the petitioner. So the petitioner filed the complaint against the opposite party. The opposite party denied the allegation levelled against him and claimed trial.

(3.) To substantiate his case the complainant besides examining himself as P.W. 1, examined two other witnesses. Out of them, P.W. 2 is a member of Board of Directors of the said Hospital, who has deposed to have seen the letter containing scurrilous remarks against the petitioner in the petitioner's house. P.W. 3 is a witness to the reply, Ext. 5 given by the lawyers of the opposite party to the notice served on the opposite party. The petitioner also relied on certain documents such as Ext. 1, the letter said to have been written by the opposite party to the complainant in April, 1993, Ext. 2 the acknowledgment letter, Ext. 3 the photo copy of the letter. Ext. 4 office copy of the pleader's notice, and Ext. 5 reply to the pleader's notice. The accused-opposite party however did not examine any witness in support of his case.