Petitioners prayed to quash defamation proceedings under S. 482 Cr.P.C. as the imputation regarding rent arrears was proven true by a final Civil Court order and constituted the first exception to S. 499 IPC.
Criminal proceedings in C.C. No. 20536/2016 were quashed.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3892 OF 2021
BETWEEN:
AGED ABOUT 33 YEARS, SON OF LATE K K NAGENDRAPPA, RESIDING AT VASUNDARA, NO.S/21, 1ST CROSS, 10TH MAIN, R M V EXTENSION, BANGALORE – 560 080.
Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka
1ST MAIN ROAD, GANDHI NAGAR, BANGALORE – 560 009.
…PETITIONERS
(BY SRI. GIRIDHAR S.V., ADVOCATE)
AND:
SRI.DEEPCHAND JAIN, SON OF LATE VASTIMALJI, AGED ABOUT 68 YEARS, KARTA OF HINDU UNDIVIDED FAMILY, M/S AVINASH DISTRIBUTORS, SHOP NO.9 AND 10, 1ST FLOOR, SRI LAXMI COMPLEX, PROPERTY NO.4, P S LANE CHICKPET CROSS, BANGALORE – 560 053.
…RESPONDENT
(BY SMT. VAIJAYANTHIMALA B., ADVOCATE)
THIS CRL.P. IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.20536/2016 ON THE FILE OF THE IX ACMM, BANGALORE AND PASS AN ORDER AS TO THE COST ON THE PRESENT PROCEEDINGS.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The respondent filed a private complaint under Section 200 of Cr.P.C. for the offence punishable under Sections 499 and 500 of IPC. The allegation against the petitioners/accused
is that they had put up hoardings in various places stating that the respondent-Complainant is defaulter in payment of rent.
NC: 2023:KHC:33066 CRL.P No. 3892 of 2021
petitioners depicts that the respondent-Complainant was in due of arrears of rent, which falls in the first exception to Section 499 of IPC.
ORDER
ii. The impugned proceedings in C.C.No.20536/2016 on the file of IX Addl. Chief Metropolitan Magistrate, Bengaluru is hereby quashed.
Sd/JUDGE
RKA
List No.: 1 Sl No.: 85
2 issues framed by the court
Whether criminal defamation proceedings should be quashed as the elements of the offence are absent due to prior establishment of truth by Civil Court.
Whether the imputation made on hoardings falls under the first exception to Section 499 of IPC as it is true and for public good.
4 provisions across 2 enactments
Sri. K.N. Shreyas
Sri. K.N. Tejas
Sri. K.N. Yashas
Mr. Chandru
Sri. Deepchand Jain
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
