A complaint for defamation under Section 500 of the Indian Penal Code is barred by limitation if it is filed more than three years after the alleged offence was committed.

Taking cognizance of a private complaint, filed under Section 200 Criminal Procedure Code by the respondent herein, for the alleged offence under Section 500 of the Indian Penal Code, by the learned Judicial Magistrate No. 1, Madurai, is the subject matter of challenge in this proceedings instituted under Section 482 of Criminal Procedure Code, praying to quash the same on several grounds by the petitioner-accused.

2. The noting of the brief facts are extracted as hereunder :-A written complaint, dated 27-10-1987 by the revision petitioner herein was lodged with the Superintendent of Police, Madurai, allegedly containing certain defamatory remarks against the respondent herein, which was taken note of by the respondent herein sometime later and on coming to know of the same and aggrieved on finding it to be defamatory, he has filed the private complaint under Section 200 Criminal Procedure Code before the learned Judicial Magistrate No. 1, Madurai, against the petitioner herein for the offence under Section 500 Indian Penal Code, which after taking the sworn statement and certain procedural wrangle, the learned Magistrate entertained into file and issued process to the petitioner herein to appear before him for the purpose of trial. Aggrieved at this, the petitioner being an accused in the private complaint, has come forward with this petition under Section 482 of the Code of Criminal Procedure to quash the whole proceedings before the learned trial Magistrate.

3. For the purpose of appreciating the matter on hand in its proper perspective, I have extracted the alleged defamatory remarks given by the respondent in the complaint itself as hereunder :-

"It is clear attempt to blackmail as seen from circumstances. I have made private enquiries of the accused. I gathered the following details. He has no where withal. He appears to be having intimacy with Annamalai Nadars wife, whose name is Panchavarnam."

In support of the said written remarks, as per the typed set filed on behalf of the respondent, it was pointed out that the respondent herein being the accused, while giving the evidence before the learned Judicial Magistrate No. 1, Madurai, in C.C. No. 224/89 on 22-5-1989 is also said to have stated so, as pointed above in the passage referred to. It is seen, however, he was cross-examined on that score for the statutory and adjudication of the learned trial Magistrate.

4. Following the passages above referred, the respondent herein appears to have given the statement when he was examined by the learned Magistrate while entertaining the private complaint. The first imputation said to have been made in the complaint addressed to the Superintendent of Police, was made on 27-10-1987. The said complaint was investigated and case was initiated before the learned Magistrate in C.C. 224/89, wherein in support of the alleged defamatory remarks, the revision petitioner has given the evidence on 22-5-1989.

5. This complaint given by the respondent herein under Section 200 Criminal Procedure Code, was taken to file on 23-11-1992 for the alleged offence under Section 500 Indian Penal Code and process was issued to the revision petitioner to appear on 21-1-1993. Aggrieved at this, the present petition under Section 482 of the Code of Criminal Procedure has been filed.

6. It is at this stage, the petition to quash was heard. Mr. R. Shanmughasundaram, the learned counsel appearing on behalf of the petitioner-accused contended the following main points :-

1. Since the alleged defamatory remarks given by the petitioner herein was on 27-10-1987, which has been subsequently investigated by the Police and consequently, a case was initiated before the learned Judicial Magistrate No. 1, Madurai, the private complaint lodged by the respondent herein on 4-7-1991 is clearly out of time and cannot be entertained and in this regard, the learned Magistrate has committed an error in entertaining a time barred complaint to his file;

2.