( 1 ) THIS appeal under Sec. 378 (4) of the Criminal Procedure code, 1973 (for short cr. P. C. ) has been filed by the appellant (original complainant) M/s. R. L. Kalathia and Company, a registered partnership firm through its partner Mr. Harshadbhai Kalathia against the judgment of acquittal dated 28-2-1985 rendered by the learned 4th Joint Civil Judge (J. D.) and Judicial magistrate First Class, Surat in Criminal Case No. 64 of 1983. The appellant is referred to as the complainant herein and the opponent Nos. 2 to 5 are referred to as the accused herein. The State of Gujarat is the first opponent in this appeal.

( 2 ) THE complainant, a registered partnership firm, used to deal in the business of construction. The complainant asserted that it had good name and reputation in the business of construction and was getting the work of construction from the government of Gujarat. In the course of its business the Government of Gujarat had given work contract for construction of a dam in Pigut Irrigation Scheme [as per the notification dated 25-4-1977] (Exh. 106 ). With reference to this work contract the accused persons made imputations in loksatta newspaper and by such