ORDER :

1. The respondent No. 2 (original complainant) although served with the notice issued by this Court, yet has chosen not to remain present before this Court, either in-person or through an advocate, and oppose this appeal.

2. This is an appeal at the instance of the original accused summoned for the offence of defamation punishable under Section 500 of the Indian Penal Code (for short “the IPC”) and is directed against the order passed by the High Court of Judicature at Bombay, Nagpur Bench, dated 03.02.2010 in Criminal Writ Petition No. 676 of 2009, by which the High Court rejected the writ petition filed by the appellant-Kishore Balkrishna Nand and thereby declined to quash the order of issue of process by the Magistrate for the offence of defamation.

3. It appears from the materials on record that the appellant herein lodged a complaint in writing addressed to the Sub-Divisional Magistrate (for short “the SDM”) stating that the respondent no. 2 herein (original complainant) had put up a shop by encroaching upon some land. In the complaint. the appellant is said to have further stated that such shop put up by the complainant was creating nuisance, as many anti-social elements