Defemation under section 499 & 500 CRPC

This query is : Resolved 
 

(Querist)
28 July 2011

what are the exemptions in the defamation case. I am the accused and the complainant is the practicing lawyer. I paid Rs. 4000/- to the complainant on his demand to solve one issue related to the third party and then the same was mentioned by my lawyer in my written statement and rejoinder. Now this lawyer to harass me filed the suit on me since the transaction was mentioned in my written statement and rejoinder.kindly help me by giving me the exemptions applicable in the law to come out of this issue. I will submit more details if necessary.


Ajay Bansal (Expert)
29 July 2011

Please tell what are allegations against you.

Rajesh Ghadge (Querist)
29 July 2011

Sir the allegations by complainant is as follows...

....He filed the complaint against me under section 499/500 saying that i have tried to defame his name by showing the money transaction as the illegal gratification taken by him and published the same in the manner of writing (although it was done in good faith and also the same was not mentioned in my written statement and rejoinder)

Atuliya (Expert)
30 July 2011

since the transaction was mentioned in my written statement and rejoinder

although it was done in good faith and also the same was not mentioned in my written statement and rejoinder

There is a contradiction in your statements. Any communication to the Court by way of pleadings or arguments does not qualify for defamation.

By the way, has the lawyer stated his worth and and to what extent how that worthiness has been eroded by your act? If not then you are unnecessarily loosing sleep over trivial issue.



Rajesh Ghadge (Querist)
31 July 2011

By mistake I have written that. The fact is that I have mentioned the same in my written statement and the rejoinder. But if according to you the communication to the court by way of pleading or argument does not lead to defamation then how the junior court has issued the process and sent me summons, and how the trial court taken up the case on the board. if that happens mechanically then what is the way to convey the same to the court. what is the way out??

Rajesh Ghadge (Querist)
31 July 2011

Any communication to the Court by way of pleadings or arguments does not qualify for defamation.
CAN YOU PLEASE HELP ME WITH SOME OF THE JUDGEMENTS OF THE HIGH COURTS/SUPREME COURT IN THIS MATTER TO DEFEND MY CASE.

JT Rajasuriya, Chennai (Expert)
01 August 2011

Suggest you to get in touch with the lawyer, obtain a compromise by conceding to correct what was stated in ur written statement. Otherwise, I feel he has a case.



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