Back
2006 Supreme(AP) 1015
Andhra Pradesh High Court
Judges : P.LAKSHMANA REDDY
MARGADARSI MARKETING PRIVATE LIMITED, REP.BY THEIR MANAGING DIRECTOR SRI.S.S.MELKOTE - Appellant
Versus
GIRISH SANGHI - Respondent
Decided On : 09/08/2006
CRL. R. C. 861 Of 2003
Headnote:
Criminal Procedure Code,1973 – Section 251, 200 –Indian Penal Code, 1860– Section 500 – Marketing Private Limited – Private complaint – Four persons i. e. , 1. A. B. K. Prasad, Editor-in-Chief, Printer and Publisher, Publications Limited, a Public Limited Company, arraying them as A1 to A4. In the said complaint, it is alleged that group is a part of reputed Group founded Chief Editor of the Telugu daily "eenadu" and English daily "newstime". It engaged in publishing, television broadcasting, chit funds and variety of other businesses. Group which has acquired an enviable reputation for honesty, integrity, reliability and forthrightness, with a view to promote sale and export of handicrafts, started a handicrafts division in the name and style has stocks worth Rs. 1,79,87,199/- as and its turnover was Rs. 38. 06 lakh per month on an average during since the commencement of its business kalanjali earned an enviable reputation for the range and quality and goods stocked by it, it is leading showroom in the State for handicrafts and attracts buyers not only but also from those, who visits from various parts of India and the world. It has been widely recognized by not only buyers but also suppliers. It has been carrying on business strictly in accordance with law and it never indulged in any dubious deeds or circumvented any procedure prescribed by law –Held, Facts of that case are that the accused therein wrote a letter attributing unchastity to a woman, the complainant therein and that illicit intimacy was attributed to her with several persons without any basis and under those circumstances, the apex Court refused to reduce the sentence of imprisonment. But, in the instant case, it is found that there is no malice on the part of the accused in publishing the news item. It is also not disputed that the two icons were seized suspecting that they are of antique value and it is also not disputed that the matter is referred to the Archaeological survey of India which in turn referred it to the expert committee as per the directions of the Delhi High Court and that the said committee is yet to give the finding regarding the antiquity or otherwise of those items. Taking all the circumstances into consideration, the learned metropolitan Sessions Judge considered that this is not a case, which warrants sentence of imprisonment and that the fine would meets the ends of justice – Court entirely agree with the finding of the learned metropolitan Sessions Judge and court find no reason to enhance the sentence imposed by the Metropolitan Sessions Judge. Court find no reason to interfere with the reasoned order passed by the learned metropolitan Sessions Judge regarding the sentence imposed against a-2 and A-3. Thus, this point is found against the complainant – Enhancement of sentence were also dismissed.
( 1 ) AS both the appeals and the four criminal revision cases arose out of a single case of defamation tried as C. C. No. 645 of 1996 on the file of XV Metropolitan Magistrate, Hyderabad, I consider it convenient to dispose of all these matters by this common judgment.
( 2 ) THE facts leading to these cases before this Court, in brief, are as follows:-One Margadarshi Marketing Private Limited represented by its director M. Balakotaiah, filed a private complaint under Section 200 of the Code of Criminal Procedure against four persons i. e. , 1. A. B. K. Prasad, Editor-in-Chief, Vaartha, 2. Girish Sanghi, Printer and Publisher, Vaartha daily, 3. Y. Kasipathy, Reporter, Vaartha and 4. A. B. K. Publications Limited, a Public Limited Company, arraying them as A1 to A4. In the said complaint, it is alleged that margadarsi group is a part of reputed Eenadu-Margadarsi Group founded by Sri. Ramoji Rao, Chief Editor of the Telugu daily "eenadu" and English daily "newstime". It engaged in publishing, television broadcasting, chit funds and variety of other businesses. Eenadu-Margadarsi Group which has acquired an enviable reputation for honesty, integrity, reliability and forthrightness, with a view to promote sale and export of handicrafts, started a handicrafts division in the name and style of Kalanjali in the year 1994. The said kalanjali has stocks worth Rs. 1,79,87,199/- as on 31-8-1996 and its turnover was Rs. 38. 06 lakh per month on an average during the year 1994-95 and 1995-96. Since the commencement of its business kalanjali earned an enviable reputation for the range and quality and goods stocked by it, it is leading showroom in the State for handicrafts and attracts buyers not only from Hyderabad but also from those, who visits from various parts of India and the world. It has been widely recognized by not only buyers but also suppliers. It has been carrying on business strictly in accordance with law and it never indulged in any dubious deeds or circumvented any procedure prescribed by law. The products marketed by Kalanjali are genuine and original and there is no single complaint over the quality or genuineness of the products so far. While so, on 10-7-1992, Kalanjali purchased one idol of parvathi made in brass from Swamimalai Icon Manufacturing co-operative Cottage Industrial Society Limited, Thanjavur District, tamilanadu, for a consideration of Rs. 18,000/- less 5% discount and tax thereon. On the said date, it also purchased from the said suppliers one brass casted lamp lady for a consideration of rs. 16,000/- less 5% discount and tax thereon. One Mr. C. R. Mills of beela Place, East Kurrajong, NSW - 2758 placed a purchase order no. 028, dated 18-9-1995 for the purchase of the brass Parvathi for delivery in Australia, at a price of Rs. 33,800/- exclusive of packing, forwarding and freight charges. Similarly, one Sri Sudarshan Rao akkineni of USA placed purchase order No. 037 dated 31-01-1996 for the brass casted lamp lady apart from other items for delivery at USA at a price of Rs. 27,000/- exclusive of packing, forwarding and freight charges. Kalanjali raised invoices on 20-9-1995 and 7-2-1996 respectively in the names of the said two purchasers and completed pre-shipment documentation on 17-10-1995 and 1-3-1996 respectively, and delivered the consignment to Inland container Depot on 03-10-1995 as per shipping Bill No. 2099, dated 03-10-1995 and dated 28-3-1996 respectively through M/s. Seagull shipping Services (M. S. and Company ). Thereafter, Kalanjali came to know through its shipping and forwarding Agent that the Customs authorities in order to satisfy themselves that the consignments sought to be exported is in accordance with the Antiquities and Art treasures Act, referred the matter to the Archeological Survey of india (A. S. I) where it is under consideration. Kalanjali followed up the matter with local Customs office, through its Assistant Manager, s, Madhusudan Rao, on a number
