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IN THE HIGH COURT OF DELHI AT NEW DELHI
Neena Bansal Krishna
Sanjay Banthiya, S/o Mr. F.M. Banthiya – Appellant
Versus
Jagbir Singh Malik @ J S Malik, S/o Shri Balram Singh – Respondent
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. Present Petition under Section 482 Code of Criminal Procedure (hereinafter referred to as the “Cr.P.C.”) has been filed by the Petitioner/Sanjay Banthiya seeking setting aside of Order dated 04.10.2018 of the learned Metropolitan Magistrate whereby the Petitioner has been summoned for trial under Section 500 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”), in a Complaint under Section 200 Cr.P.C., filed by the Respondent/Jagbir Singh Malik @ J.S. Malik.
2. Brief facts of the case are that the Respondent/Jagbir Singh Malik @ J.S. Malik, an employee of Energy Infrastructure (India) Ltd. (EIIL), formerly known as WIMCO Petrogas Ltd., joined the Service vide Appointment Letter dated 24.02.1998. His service was terminated vide Termination Letter dated 08.10.2010 and his dues were paid in full.
3. Just prior to his termination, the Respondent filed a Complaint on 24.09.2010 with Police Station Gurgaon, Haryana against several officers of EIIL including the Petitioner/Mr. Sanjay Banthiya, Mr. Rajesh Rao, General Manager; Mr. Federick Peter Jones, Director and Mr. Shiv Kumar Jatia, Chairman alleging that he was facing harassment at workp
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The central legal point established in the judgment is the application of exception 8 to Section 499 of the IPC, emphasizing the need for good faith and lawful authority in making accusations and the....
The main legal point established in the judgment is the requirement for an imputation to lower the moral or intellectual character of a person to constitute defamation under Section 499 IPC. Addition....
Admissibility of electronic records under section 65B of the Evidence Act and careful assessment before issuing summons in a defamation case.
A lack of governmental consent under Section 196(2) Cr.P.C. does not bar prosecution for defamation offences, emphasizing the media's role in reporting on public matters.
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