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2001 Supreme(SC) 838

D.P.MOHAPATRA, SHIVARAJ V.PATIL
M. N. Damani – Appellant
Versus
S. K. Sinha – Respondent


JUDGMENT

Shivaraj V. Patil, J.-Leave granted.

2. The appellant filed a private complaint against the respondents alleging that they made imputations against him in the application made under Section 436 Cr.P.C. before the XIth Additional Chief Metropolitan Magistrate, Mayo Hall Court, Bangalore in C.C. No. 24877/96. The imputations made are to the following effect:-

"However Mr. M.N. Damani removed the cheque book at 9-30 by forcibly breaking open the drawer and made the accused 2 and 4 to write and sign by forge/threat as mentioned in the correspondence."

"Mr. M.N. Damani had collected the cheques from us forcefully at 9-30 p.m. by threatening to hit us by lifting the office chair and by forcefully break opening the drawer of table containing the cheque book which was locked by our Accountant while leaving the offce for the day. "

3. The Magistrate found these allegations as false and convicted the respondents (accused) for the offence under Section 138 of the Negotiable Instruments Act on 17.12.1998. An appeal filed against the said order was dismissed by the IV Additional Sessions Court, Bangalore on 30.7.1399. According to the appellant the respondents made false an



















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