MALAYALA MANORAMA, REPRESENTED BY ITS CHIEF EDITOR, SHRI MAMMEN MATHEW Vs. FUTURE GAMING AND HOTEL SERVICES PRIVATE LIMITED

JUDGEMENT

(1.) The present petition is second petition for quashing the Private Complaint Case No. 59 of 2015 : P. Ravichandran vs. Malayala Manorama filed by the respondent before the Court of learned Chief Judicial Magistrate, East and North Sikkim at Gangtok.

(2.) The case of the petitioner is that they are the publishers of "MALAYALA MANORAMA" a Malayalam vernacular daily newspaper. The respondent had filed a complaint in terms of Section 200 of the Code of Criminal Procedure, 1973, against the petitioners before the Court of learned Chief Judicial Magistrate, East and North Sikkim at Gangtok (Private Complaint Case No. 59 of 2015) inter alia alleging that the "Malayala Manorama" a Malayalam vernacular daily newspaper, widely circulated in the State of Kerala but not circulated in Sikkim or its seven hill sisters, published two defamatory articles against the respondents, which has brought down the image and reputation of the respondent. After examining the Complainant, the learned trial court took cognizance of the offences under Sections 500, 501 and 120 B of the Indian Penal Code, 1860.

(3.) On 05.03.2019, the learned counsel for the parties informed this Court that the parties were interested in mediation. The matter was deferred for next day. On 06.03.2019, the learned counsel for the parties, after seeking necessary instructions from their clients informed the Court that the matter be referred for mediation. They also stated that their clients were agreeable for Hon'ble Mr. Justice Kurian Joseph, former Judge, Supreme Court of India, to be appointed as Mediator. Considering their submissions, this Court appointed Hon'ble Former Judge as the Mediator.