ASHOK SINGH MANHAS Vs. AJAY GANDOTRA

JUDGEMENT

(1.) The petitioner filed writ petition registered as OWP No. 464/2010 titled Ashok Singh Manhas v. M/s Shiva Overseas and Ors. Where in the present respondent figured as Respondent no. 4. The petitioner in the writ petition made following averments:-

(2.) The respondent aggrieved that the allegations levelled against him in the aforementioned writ petition was a wilful act on part of the petitioner to lower down his image in the society, filed a criminal complaint in the Court of Judicial Magistrate First Class (Passenger Tax, Jammu) alleging commission of offence punishable under section 499, 500 and 501 RPC by the petitioner. The Trial Magistrate recorded satisfaction that the complaint and the statement of the complainant and the witness prima-facie disclosed commission of offences punishable under section 499, 500 RPC and issued process against the petitioner.

(3.) The petitioner through medium of instant petition seeks quashment of the proceedings pending before the Trial Magistrate, in exercise of powers under section 561-A CrPC. The grounds urged in the petition are that the alleged imputation neither directly nor indirectly lowered down the moral or intellectual character of the respondent; that whatever was stated in the petition was pleaded by the petitioner in good faith for protection of his own rights and interests and thus does not amount to an offence under section 499 RPC; that the respondent cannot absolve himself from the alleged imputation made by the petitioner as the respondent was marginal witness to the partnership deed executed in the name of the petitioner by impersonating the petitioner.