The High Court of Chhattisgarh dismissed an appeal against an order acquitting respondents of defamation under Section 501 IPC. The trial court found no evidence linking the respondents to the newspaper publication.
The appeal against the judgment of the Judicial Magistrate dismissing the defamation complaint was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 3125 of 1999
− Appellant.
Vs
– Respondents.
For Appellant : Mr. L.C. Dash, Advocate For respondents. : Mr. Bhaskar Payasi, Advocate.
Hon'ble Shri Justice Ram Prasanna Sharma Order on Board
19-04-2018
This appeal is preferred against the judgment dated 1- 9-1998 passed by the Judicial Magistrate First Class, Mahasamund (CG) in Criminal Complaint Case No. 1412 of 1997 wherein the said court has dismissed the complaint filed by the appellant under Section 501 of IPC against the respondents for committing defamation of the complainant by publication of defamatory news that the complainant embezzled the amount trusted to him by respondent Naseema Khatri to the tune of Rs.5,000/-.
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2 . As per the complainant, he did not receive any amount from respondent Naseema Khatri for treatment but respondent Naseema Khatri made publication in daily newspaper namely Dainik Bhaskar to the effect that the amount was trusted to the complainant but he embezzled the same.
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Naseema Khatri who really sent such news to establishment of Dainik Bhaskar for publication.
Sd/-
(Ram Prasanna Sharma) Judge
Raju
2 issues framed by the court
Whether the complainant proved that the respondents published defamatory news regarding embezzlement with the intention to bring down his reputation.
Whether sufficient evidence was on record to conclude that the respondents communicated the news to the newspaper.
1 provisions across 1 enactments
Abubakar s/o. Hastam
Naseema Khatri
Lachchhiram Naayab
Ram Prasanna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
