S.K.Kaul - (1.) THIS is an appeal by the complainant against the order of Special Judicial Magistrate, Lucknow who acquitted the respondent No. 1 of the charge punishable under Section 500 of the Indian Penal Code.
(2.) THE prosecution story is that Ram krishna Avasthi complainant-appellant was the Deputy News Editor in the Editorial Section of National Herald, a newspaper published from Lucknow. He was married to one Deepa Avasthi. THE younger sister of Smt. Deepa Avasthi happened to be one Mohini who was said to have married respondent No. 1 on 8-2-1977. THE allegations of the complainant were that he alongwith his wife had attended the marriage of Monini Upreti and had also visited the house of the accused at Allahabad on their invitation. He or his wife had no hand in the settlement of marriage of Mohini Upreti with the accused-respondent No. 1 nor did they xver interfere in the personal life of respondent No. 1 and Mohini Upreti. Relations between Mohini Upreti and her husband respondent No. 1 became strained so much so that the accused- respondent No. 1 sent a registered notice (Ex. Ka-1) on 27-9-1977 to the complainant Ram Krishna Avasthi as well as his wife Smt. Deepa Avasthi as well as to his own wife Smt. Mohini Upreti in which defamatory allegations were made. THE aforesaid notice was sent per registered acknowledgment due to all the three but the notice sent to Smt. Deepa Avasthi was returned without delivery. Smt. Mohini Upreti being shocked by the contents of the notice had left the copy (Ex. Ka-1) on a table in her drawing room and the same was read by one Shri K. C. Chandola. This amounted to be publication according to the complainant and, therefore, he moved a complaint under Section 500 of the Indian Penal Code against accused-respondent No. 1. THE Magistrate took the cognizance and after recording evidence found that the charge was not made out inasmuch as there was no publication in law about this alleged defamatory notice and as such he acquitted the respondent No. 1 of the charge punishable under Section 500 of the Indian Penal Code. Being aggrieved, the complainant has come up to this Court in appeal, I have heard the learned counsel for the appellant. In my view this appeal has no force.
(3.) IT is not disputed in this case that this notice (Ex. Ka-1) was sent per registered acknowledgment due by the accused-respondent No. 1 to the complainant Ram Krishna Avasthi as well as Mohini Upreti. The notice sent to Deepa Avasthi was returned as it was not delivered to her. It was urged before me by the teamed counsel for the appellant that since this notice was sent by a counsel on behalf of the respondent No. 1, it amounted to publication in law. Section 499 of the Indian Penal Code defines defamation as follows : "Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. Explanation 1.-It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.-It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.-An imputation In the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.-No imputation is said to harm a person's reputation unless that imputation directly, or indirectly in the estimation of others, lowers the moral or intellectual character of that person, on lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful." ;