Shivaraj V. Patil, J. - (1.) Leave granted.
(2.) The appellant filed a private complaint against the respondents alleging that they made imputations against him in the application made under Section 436, Cr. P.C. before the XIth Additional Chief Metropolitan Magistrate, Mayo Hall Court, Bangalore in in C. C. No. 24877/96. The imputations made are to the following effect :- "However Mr. M. N. Damani removed the cheque book at 9-30 by forcibly breaking open the drawer and made the accused 2 and 4 to write and sign by forge/threat as mentioned in the correspondence." "Mr. M. N. Damani had collected the cheques from us forcefully at 9-30 p.m. by threatening to hit us by lifting the office chair and by forcefully break open the drawer of table containing the cheque book which was locked by our Accountant while leaving the office for the day." The Magistrate found these allegations as false and convicted the respondents (accused) for the offence under Section 138 of the Negotiable Instruments Act on 17-12-1998. An appeal filed against the said order was dismissed by the IV Additional Sessions Court, Bangalore on 30-7-1999. According to the appellant the respondents made false and malicious allegations with intention or knowingly or having reasons to believe that such imputations would harm his reputation; due to these imputations made by them, the reputation of the appellant has been lowered in the eyes of his partners, the staff and the workers of factory at Vapi. Hence he prayed for punishing the respondents for the offence under Section 500, IPC. The Magistrate, on the complaint, after taking cognizance of the offence, recorded the sworn statement of the complainant (appellant herein). The Magistrate in his order stated thus :- "From the sworn statement of the complainant and also from the documents produced by him, it is clear that the accused persons have made imputation against the complainant intending to harm or knowing or having reasons to believe, that such imputation will harm the reputation of the complainant. In my opinion, there are sufficient grounds to proceed the case against the accused persons for the offence punishable under Section 500 of the I.P.C."
(3.) Hence he issued summons to respondents 1 to 3 for the offence punishable under Section 500, IPC.;