SATYA PRAKASH ARYA Vs. SYED ABID JALALI

JUDGEMENT

(1.) The petitioner has challenged the complaint filed by respondent against him before the Court of learned Chief Judicial Magistrate, Srinagar (hereinafter referred to as "the Trial Magistrate"), alleging commission of offences under Sec. 499 of RPC read with Sec. 500 and 201 of RPC. Challenge has also been thrown to order dtd. 23/6/2016 passed by the Trial Magistrate whereby process has been issued against the petitioner.

(2.) It appears that the respondent has filed a complaint against the petitioner before the learned Trial Magistrate alleging therein that in the usual course of mercantile transactions, he was conducting business of sale and purchase of jewellery and other articles with the petitioner for so many years. It has been alleged in the impugned complaint that in the year 2013, during the course of the business, the respondent/complainant issued three cheques for an amount of Rs.14.00 lacs for clearing the outstanding liability and in this regard, an agreement was executed between the parties. In spite of this settlement, the petitioner/accused filed an application before the Chief Judicial Magistrate, Jaipur against the respondent/complainant which was referred to the police for investigation. On the basis of this complaint, FIR No.247/2014 was registered and after investigation of the case, chargesheet was laid against the respondent/complainant before the Chief Judicial Magistrate, Jaipur. It is further alleged in the impugned complaint that during the course of hearing of the bail application before the Sessions Judge at Jaipur, the petitioner herein levelled serious allegations concerning the reputation of the respondent alleging that the respondent belongs to outlawed organization "Hizbul Mujahideen", which resulted in rejection of his bail application.

(3.) It has been alleged in the impugned complaint that in view of the baseless and defamatory allegations levelled by the petitioner in the Court, the said news was published in various newspapers at different places where the respondent/complainant conducts his business and it was reported that the respondent/complainant is involved in terrorist and sabotage activities being a militant of the outlawed and banned organization "Hizbul Mujahideen". This according to the respondent/complainant resulted in loss of his reputation and good-will not only in Goa where he carries on his business but also in Jammu and Kashmir where he is residing and is purchasing commodities of Kashmiri Handicrafts for its sale.