Miscellaneous Petitions, pending if any, shall stand closed. //TRUE COPY// SD/ v. KAVITHA UTY REGISTRAR E ECTION OFFICER I To, '

Counsel for the Petition€r (Amicus Curiae) : Ms. Nikita Goenka Counsel for the Respondent No.2 : Mr.E.Ganesh, Assistant Public Prosecutor Counsel for the Respondent No.l The Court made the following : ORDER THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL REVISI ON CASE No.2581 OF. 2()13 ORDER: This Criminal Revision Case is Iiled by the petitioner/accused against the judgment 14.0g.2013 in Criminal Appeat No.42 I of 2O1O on the file of the learned III Additional Metropolitan Sessions Judge, at Hyderabad (for short, .the appellate Court") confirming the judgment dated 06.09.2O10 in c.c.No.547 of 2003 on rhe file of the learned II Additional chief Metropolitan Magistrate, Hyderabad (for short, "the trial Cor-rrt,,).

2. Heard Ms.Nikita Goenka, learned ,Amicus Curiae' appearing on behalf of petitioner and Mr.E.Ganesh, learned Assistant public Prosecutor appearing lor respondent No,2-State.

3. The brief facts of the case are that respondent No.1/complainant filed a complai,t against petitioner/ accused alleging that the accused had addressed a letter dated 16.05.2002 to the central Bureau of Investigation and marked copies to bank officials stat.ing that, ,,Mr.G.p.palguna promoted in the year, 1996 by producing lalse certilicate stating that he has completed hve years of Santosh rrophy on beharf of A p Foot Ba[ Association in 1995"; rhat the accused had deliberatelv made 2 such a false statement and communicated to the various persons with an intention to defame the complainant. Such communication was sent by post.and also in person which was ultimately received by various addressees and it was also published. It is stated that the complainant being honest and hard working employee, got promotion on account of his hard work and merit. It is further stated that the complainant has participated in international foot ball match and he is also an employee in the State Bank of India; that he hails from a respectable family and a permanent resident of Secunderabad; having married and blessed with two children, he is a peaceful Iiving citizen, and a sports person, universally acclaimed and highly popular in the Bank ald family circle. It is stated that the communication made by the accused referred to, is defamatory and false, the complainant is promoted in 1996 and never produced such a fake certilicate as alleged; that the complainant got promotion on his own merit and not on the basis of anY such false certificate. On account of the defamatory remarks made by the accused, status of complainant was lowered in the eyes of colleagues, superiors and sub-ordinates of the complainant in the Bank on account of such defamatory remarks; that the complainant suffered mental agony and shock and felt 3 discouraged. Therefore, his movements are restricted and he is not able to raise his head high. Basing on the said facts, the present case is registered.

4. The trial Court vide judgment dated 06.09.2010 in C.C.No.547 of 2003 found the petitioner guilty of the offence under Section 499 of I.P.C. and sentenced him to pay fine of Rs.3,O0O/-, tn default, to undergo simple imprisonment for a period of three months. Aggrieved by the same, the petitioner preferred an Appeal.

5. The appellate Court, vide impugned judgment, dismissed the appeal confirming the judgment passed by the trial Court. Assailing the same, the petitioner preferred the present Revision.

6. l,earned Amicus Cuiae appearing on behalf of the petitioner submitted that the trial Court as n ell as the appellate Court failed to appreciate the evidence available on record in proper perspective and passed their respective judgments. Therefore, he seeks to allow this Revision.

7. Learned Assistant public prosecutor contended that both the courts upon careful scrutiny of the materiar available on '* Ttcord rightly passed. their respective judgments and interference 4 of this Court, at this stage, is not warranted. Therefore, he seeks to dismiss this Revision

8. On behalf of the prosecution," th" t id Court examined PWs. 1 to 3 and marked Exs.Pl to P6. On behalf of the defence, DWl was examined and Exs.Dl to Dl2 were marked. Upon careful scrutiny of the oral and documentar5r evidence, the trial Court observed that the allegations or imputations made in Ex Pl are proved to be defamatory and such defamatory publication, addressed to different persons and authorities is found to have caused defamation and damage to the reputation of the complainant; ,that such an act was committed by the accused on his o\ rn. Further, found that though there are minor discrepancies in the evidence on either side which are apparently insignificant, they do not create any such hindrance to arrive at a conclusion that, the acts done by the accused in this case are defamatory against the complainalt. Therefore, tlee trial Court rendered its judgment g. In the appeal, the appellate Court, upon re-appreciating the evidence available on record in the same lines, dismissed the appeai and confirming the judgment passed by the trial Court. 5

10. In the present case on hand, both the Courts held that the petitioner was guilty of the offence under Section 499 of LP.C., which frnding, in my considered view, does not catl for interference, in exercise of revisional jurisdiction under Section 397 Cr.P.C. Hence, I frnd no reason to interfere with the well considered judgments passed by both the Courts

11. Accordingly, this Criminal Revision Case is dismissed. Miscellaneous Petitions, pending if any, shall stand closed. //TRUE COPY// SD/- V. KAVITHA UTY REGISTRAR E ECTION OFFICER , I To, '1. The lll Additional Metropolitan Sessions Judge at Hyderabad 2. The ll Additional Chief Metropolitan Magistrate, HydLrabad 3. One CC to Sri Nikita Goenka, Advocate tOpUCl 4. Two ccs to the Pubric Prosecutor, High court for the state of rerangana at 5. Two CD Copies Hyderabad [OUT] Svs/gh o HIGH COURT I DATED:2 410212025 -:'=- ,t,i;,' : ) )( 2LUjI2 025 * r'. ), x ORDER CRLRC.No.2581 of 2013 DISMISSING THE CRLRC 2{-