1. Comparative advertisements have become the order of the day in today’s business world due to fierce competitive market. A trader takes out advertisement stating that his product is superior to another’s product. Whether such advertisement can be characterized as defamatory in nature so as to attract section 500 of IPC. This is the question that has cropped up for consideration in this matter following the trail court directing issuance of summons to the petitioner after taking cognizance of the offence punishable under section 500 of the IPC.

2. The backdrop for the aforementioned order of the trail court in short are the following facts:

The petitioner, said to be reputed company incorporated in Japan engaged in the business of sale of battery separators for over 35 years and the respondent is also in the same business and his product is known by the name “Hi-Sep”. The respondent issued an advertisement in the Battery Directory & Year Book during November 2008 claiming that his company’s products are excellent, whereas that of the petitioner is of poor quality. Thereafter Associated Traders placed an advertisement in the Battery Directory & Year Book giving a comparati