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2009 Supreme(Ker) 1133

M.SASIDHARAN NAMBIAR
Rekha – Appellant
Versus
Vinodan – Respondent


M.Sasidharan Nambiar, J.

1. Petitioners are accused in CC 2085/2008 on the file-of Judicial First Class Magistrate, Thrissur. First respondent is the complainant. First petitioner is the Secretary and second petitioner the Branch Manager and third petitioner the Peon of Cherpu Service Co-operative Bank, Perumbillisherry. Admittedly first respondent availed a loan from Cherpu Service Co-operative Bank on 07/01/2004. For realisation of that amount arbitration case was filed on 13/04/2007. An arbitration award was passed on 28/06/2007. First respondent subsequently admittedly discharged the entire debt. Annexure-C lawyer notice was sent by first respondent on 27/02/2007 to the petitioners alleging that on 24/02/2007 at 5 p.m petitioners trespassed into his house and spoken abusive words and hearing the sound neighbours gathered there and to the hearing of the neighbours petitioners disclosed that respondent cannot be believed and they are persons of black money and he is a person who is not returning the amount borrowed. It is contended that by the said words reputation of first respondent has been effected and petitioners thereby committed an offence under Section 500 of Indian Penal






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