- (1.) Vide this petition under Section 482, Cr. P.C. the petitioner seeks quashing of complaint. Annexure P-1 and the proceedings arising therefrom.
(2.) The facts in brief are that petitioner was posted as Superintending Engineer (Mechanical Construction) while complainant was working as Upper Division Clerk (Head Office Cadre) in the Accounts Wing/Construction, PTPP, HSEB, Panipat. Complainant was entrusted with the job of checking bills received from Engineering Department. Panipat, Thermal Power Project and to find if there were any deficiencies. Complainant had been making his independent noting with regard to deficiencies on the official file, which was not liked by the Superintending Engineer and he pressurized the complainant not to make such noting and, therefore, the accused was bearing malice against the complainant. A bill of M/s. Nand Lal Raj Kumar, Contractor was sent to the Accounts Wing which came to the complainant for its checking. He found many deficiencies and shortcomings in the bill which he noted down on the noting sheet of the concerned file. He sent the noting sheet to the accused through proper channel. The accused out of malice and ill-will against the complainant, made defamatory remarks on the margin of the noting sheet, which read as under :- "Nonsense ? Who is this idiot who can afford to write such a language in file." It is alleged by the complainant that the above defamatory remarks were seen by the senior officers and colleagues of the complainant. Accordingly, Mr. D. R. Singal, Superintendent Accounts Wing. Om Parkash Malik, Upper Division Clerk and Jai Pal Deswal, Assistant, came to complainant and told him that after seeing the above remarks, the prestige of the complainant has been lowered in their eyes and in the eyes of other employees of the department. They have got the impression that complainant is not a competent employee. The accused has made the above remarks with a mala fide intention in order to lower and damage the complainant's reputation. It is stated that the accused has no authority or power to make such defamatory remarks. Complainant is performing his duties strictly in accordance with rules and regulations. Complainant approached the senior authorities for redressal of his grievance but he did not get any relief and. therefore, he filed complaint under Section 499/500. IPC. The complainant produced his colleagues D. R. Singal. Ram Mehar Singh, Jai Pal Deswal and Parkash and himself appeared in support of his contentions. They all stated that the prestige of the complainant was lowered in their estimation on account of remarks made by the accused. Taking into consideration the evidence on record, the Additional Chief Judicial Magistrate, Panipat, summoned the petitioner-accused for commission of offences punishable under Section 500, IPC.
(3.) Mr. K. D. S. Hooda, Advocate, appeared for the petitioner. However, none appeared on behalf of the respondent. Even no reply has been filed in spite of the petition being pending since 1992.;