SIDDHARTH SANWARIA Vs. P.C. SANGHI

JUDGEMENT

(1.) The petitioner Siddharth Sanwaria has approached this Court seeking quashing of complaint dated 14.11.2011 (Annexure P-3) as well as summoning order dated 6.7.2013 (Annexure P-4) passed thereupon by the Judicial Magistrate, Chandigarh whereby the petitioner has been summoned to face trial for an offence under Section 500 IPC. The petitioner also assails order dated 15.7.2015 (Annexure P-8) whereby the learned JMIC has ordered for proceeding with the case as a summons case while earlier the same was proceeding as a warrants case.

(2.) A few facts necessary to notice for disposal of this petition are that respondent P.C. Sanghi filed a complaint dated 14.11.2011 (Annexure P-3) against the petitioner for offence under Section 499 punishable under Section 500 of IPC alleging therein that he retired as a Chief Engineer from Housing Board, Haryana and has been an ex-nominated Councillor of Municipal Corporation, Chandigarh and has dedicated his post-retirement life to social service and to serve community at large and had received several commendation certificates in this regard. It is asserted that complainant has continuously been elected as President of Citizen's Association, Sector 21, Chandigarh for a decade and has also been elected as Chairman of Federation of Sector Welfare Associations, Chandigarh (in short-FOSWAC) since the last 8 years. The complainant has alleged that the respondent - petitioner has been indulging in dubious activities since long. The gist of the said dubious activities, as extracted from the complaint(Annexure P-3), mainly pertaining to conduct and antecedants of accused, may be stated as follows :-

(3.) The conduct of accused/petitioner, alleged to be defamatory, has been stated in complaint (Annexure P-3) as follows: