Sharad Kumar Sharma - (1.) Before adverting to the factual controversies as involved in the present C-482 application, it becomes inevitable for this Court to avoid reference to the provisions contained under Chapter 21 of the Indian Penal Code which, deals with the issue of "Defamation". For commission of an offence under Section 499 of IPC, the Legislature itself has provided certain exceptions and the circumstances under which the offence under Section 499 of IPC could be said not to be made out against a person accused of it. In the instant case, the learned counsel for the applicant has drawn the attention of this Court to the 9th Exception on which reliance has been placed by him of Section 499 of IPC which reads as under:- "Ninth Exception. - Imputation made in good faith by person for protection of his or other's interests. - It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good."
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(3.) It contemplates that if by any action, words or utterances made thereof not having an intention to malign the prestige or an image of an individual and made in protection of ones own interest, that who is alleged to have committed the offence under Section 499, it will not amount to be defamation. As per the 9th exception, there has had to be a deliberate intention and the utterances of the nature which should intend to malign the prestige of the person concerned to whom it is extended but basic element necessary for this exception from Section 499 is that act or action is in good faith for protection of his own interest.;