N. N. Sharma, J. - (1.) This appeal is directed against order dated 20.4-1918 by which Chief Judicial Magistrate, Dehradun acquitted accused opposite party in Criminal Case No. 237 of 1974, Kanti Prasad Sharma v. Sumed Kumar Gupta, under section 500 of Indian Panel Code.
(2.) Admittedly complainant Sri Kanti Prasad Sharma was employed in, L.I.U. Department of Police as Head Constable and his services were terminated under Article 311 of Constitution of Indian after departmental enquiry. Thereafter he was employed as a Supervisor in Digvijai Talkies, Debradun with the help of Sri Bhagat Ram Sharma. Sri Sumed Kumar Gupta is the publisher, Editor and printer of Local Weekly Hindi News Paper Dehradun, he was displeased with complainant as he refused his entry in the cinema hall without ticket. So he published an article in column no. 17 dated 21-4-1974 containing imputation to harm the reputation of complainant in following terms: (1 Sri Kanti Sharma. Sri Bhagat Ram Sharma and one Sandeep Mukherjee are intimate from the period when the complainant was employed in L.I.U. and this intimacy continues even after termination of his services vide Ext. Ka-2. (ii) Sri Sandeep Mukherjee, Sri Kanti Shanlla and Sri Bhagat Ram Sharma have mysterious connections with foreign youths, male and female, which is a menace to the security of nation. (iii) In Digvijai talkies, Sandeep Mukherjee and Madam Silvana are on regular visiting terms as Sri Bhagat Ram Sharma took much interest in securing employment of the post of Supervisor of complainant which is a matter of rumour in public vide Ext Ka-4.
(3.) The aforesaid imputations were false and wrong which have lowered the reputation of complainant in public eyes and he has suffered damage on account of the said imputations and he had to resign the present post.;