1. Respondent Vinay Kumar Sood filed a complaint against the petitioner, Standard Chartered Bank as well as four others being its employees before the Metropolitan Magistrate alleging that the petitioner Bank had been repeatedly corresponding with him and demanding a sum of Rs.3,62,373.01, being the outstanding balance amount in his credit account which he never had with the petitioner bank. During the course of correspondence petitioner sent a telegram dated 17.9.2002; contents therein were allegedly defamatory in nature. One of the official of the bank i.e. Mr. Jishant Narang (accused No.4) had telephoned his wife on 21.9.2002 intimating her that the complainant had an account with the petitioner bank (accused No.1) in which there were no outstanding dues to be claimed from the petitioner and the bank’s letters if any be ignored. On receipt of this telephone call wife of the complainant made an inquiry from friends and employees in the office of the complainant. The complainant also received telephone call at his office and business place from accused No.4 and 5, namely, Mr. Jishant Narang and Mr. Sudhanshu Gupta. Complainant found credit card statement dated 28.