Order
1. Leave granted. The challenge in this appeal is against the order dated 11-6-2012 in M.L. Wadhawan v. Zhunzarrao Bhikaji Nagarkar 2012 SCC OnLine Bom 2169 passed by the High Court of Judicature at Bombay, by which the criminal proceeding under Section 499 of the Penal Code, 1860 against the appellant-accused has been refused to be quashed. Aggrieved by this order, this appeal has been filed by the accused.
2. We have heard the learned counsel appearing for both the parties and have considered the matter in its entirety including the show-cause notice issued to the respondent complainant; the affidavit filed by the Union of India before the High Court of Bombay in Writ Petition No. 3332 of 1995 and also the alleged defamatory statements contained in the written submissions of the appellant before the adjudicating authority. We find that in sum and substance, what is contained in the written submissions filed by the appellant before the adjudicating authority is a reiteration of statements recorded under Section 164 of the Criminal Procedure Code, of Sri Jolly Perumal, Customs House agent who was charged along with the respondent complainant and also the statements made in the show-cause notice issued to the complainant respondent and those contained in the counter-affidavit filed before the Bombay High Court as mentioned above.
3. In the above facts, we are of the view that, prima facie, no case of defamation under Section 499 of the Penal Code is made out on the allegations levelled against the appellant. The essential ingredients of the offence under Section 499 read with the Exceptions thereto are not made out so as to warrant continuance of the impugned criminal proceedings. We, therefore, interfere with the impugned order 2012 SCC OnLine Bom 2169 passed by the High Court and quash the criminal proceedings against the appellant-accused.
4. The appeal is, accordingly, allowed. As a sequel to the above, pending applications, if any, stand disposed of.