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Judgment
6 paragraphs · 137 wordsLakshmana Rao, J.—The defamatory statement was made in the deposition of the petitioner as a witness in C.C. No. 193 of 1938 on the
file of the Sub-Magistrate of Chengam and the finding is that the statement in question was deliberately false. The offence committed would
therefore fall u/s 193 of the Indian Penal Code which cannot be taken cognizance of without a complaint by the Court and as laid down in
Appadurai Nainar, Appadurai Nainar Vs. Sampath Rao Nainar and Another, , parties cannot be allowed to evade the provisions of Section
195(1)(b) of the Criminal Procedure Code by filing a complaint under another provision of the Indian Penal Code. The conviction and sentence of
the petitioner u/s 500 of the Indian Penal Code are therefore set aside and the fine if levied will be refunded.