VIKAS MALHOTRA Vs. HARI KRISHAN SHARMA

JUDGEMENT

(1.) OBJECTIONS have been taken by respondent Hari Krishan Sharma to his having been called as impostor in the pleadings which were filed before the City Judge Jammu. Taking exception to this aforementioned description. Hari Krishan Sharma has initiated proceedings under section 500 of the Penal Code. According to him calling a person as "imposter" would perse amount to defamation and a person using this expression would be deemed to have committed an offence cognizance whereof can be taken under section 500 of the Penal Code.

(2.) THERE can be no dispute with the proposition that if in the pleadings taken before a court of law defamatory words are used then proceedings can also be taken under section 500 of the Penal Code. Such is a view expressed by the Supreme Court of India in case reported as John Thomas Vs. Dr. K. Jagadeesan AIR 2001 SC 2651. Again in Concise Oxford Dictionary Ninth Edition if the meaning of word impostor is taken note of then it becomes clear that it does indicate that this expression is used qua a person who assumes a false character or pretends to be someone else. At page 682 of the above mentioned Dictionary the word imposter has been defined as under -

(3.) LEARNED counsel for the petitioner submits that there was no intention to defame the respondent Hari Krishan Sharma and offered regret on the part of the petitioners. It is staled that full impact of the word "imposter" was not understood and this is how this word came to be used. In view of the regret offered by the learned counsel for the petitioners on the part of the petitioners it would not be apt to keep pending the litigation before the trial court. To thns course respondent is agreeable. Proceedings initiated vide order dated: 06 -11 -2001 would not be pursued. This is however, subject to the condition that the petitioners would pay cost of litigation of this court which are quantified at Rs. 1500/ -Petitioners would also file an application in the trial court where the word "imposter" was used for the deletion of the word imposter. Application would be preferred on or before 15 -04 -2002. If these conditions are complied with, the trial court where complaint has been filed shall dispose of the complaint as withdrawn. Application to be filed for deletion of the word imposter to be filed by 15 -04 -2002. Costs also to be tendered by the above date. Petitioners would also offer their regret. Application is to be filed where civil proceedings are filed. Trial court where complaint is pending be informed. Disposed of accordingly.