A. K. Patnaik vs Rajiv Seth & Anr

Mandeep Pannu, J

This is a petition filed under Section 482 Cr.P.C for setting aside the order dated 02.12.2017 (Annexure P-6) passed by ld. Judicial Magistrate 1st Class, Chandigarh vide which the petitioner has been summoned for facing trial for allegedly committing offences punishable under Section 500 IPC in Complaint No.33894/2013 dated 23.11.2012 filed by the complainant/respondent No.1.

Brief facts of the case are that the complainant is employed with Punjab National Bank, Sector 22-D, Chandigarh, and enjoys a good reputation. On 23.06.2012, a news item was published in The Indian Express, in which accused No.2 was the Editor, under the headline "Fraud case against PNB employee." The news item reported that the UT Police had registered a case against Rajiv Seth, the complainant, an employee of Punjab National Bank, alleging that he had attempted to transfer money from customers' accounts into the account of accused No.1, who was then the Assistant General Manager of the bank, allegedly to settle personal scores. It was further reported that the fraud was detected by Patnaik before the money could be transferred. It is the case of the complainant that the said news report was false, frivolous, and based on a concocted story. It is further alleged that the publication was defamatory in nature and was made with mala fide intention and ulterior motives by the accused in connivance with each other, with the object of defaming the complainant. The complainant further submits that, as a result of the said publication, his reputation was lowered in the eyes of his family, relatives, friends, neighbours, and the general public. He states that persons known to him, including Surinder Duggal, Sanjiv Bhasin, and others, confronted him after reading the said news items in various newspapers. Accordingly, the complainant filed a complaint under Section 500 IPC against the accused.

It has been argued by learned counsel for the petitioner that the allegations against him are that certain alleged defamatory matter was published on 23.06.2012 in newspapers namely "HT Live Chandigarh" and "Times of India" and Indian express". It is submitted that three separate complaints under Section 500 IPC were filed by respondent No.1-Rajeev Seth against the present petitioner. In the present complaint, the petitioner has been summoned vide impugned order dated 02.12.2017. Learned counsel for the petitioner has further submitted that in the other two complaints, wherein the allegations were regarding publication of the defamatory matter in "Times of India" and "HT Live Chandigarh", the present petitioner has already been discharged and, therefore, the present petition also deserves to be allowed and the summoning order deserves to be set aside.

Learned counsel appearing for respondent No.1 and has admitted the aforesaid factual position. She has further stated that she has no objection in case the present petition is allowed and the complaint along with the summoning order is quashed.

In view of the aforesaid circumstances and in view of the statement suffered by learned counsel for respondent No.1, the present petition is allowed.

Consequently, the impugned summoning order dated 02.12.2017 as well as complaint No.33894/2013 dated 23.11.2012 pending before the learned Judicial Magistrate Ist Class, Chandigarh, are hereby ordered to be quashed.

However, it is made clear that nothing stated hereinabove shall be construed as an expression on the merits of the case.

All the pending miscellaneous application(s), if any, stands disposed of.