Alfred Henry Lionel Leach, C.J.

1. The petitioner was convicted by the Joint Magistrate of Karur under Section 500 of the Indian Penal Code for the defamation of his wife. He was ordered to pay a fine of Rs. 100 and in default of payment to undergo simple imprisonment for three months. The defamatory words had been uttered by the petitioner when giving evidence in support of a complaint filed by him to the effect that his wife had been guilty of theft. In the course of his evidence in support of the complaint he accused his wife of unchastity. They had quarrelled and she was living separately, but in the same building. The conviction of the petitioner was confirmed by the Sessions Judge of Trichinopoly on appeal. The petitioner now asks this Court to set aside the conviction on the ground that a complaint of defamation which is based on a statement in Court can only be filed by the Court in which the statement was made. There are conflicting decisions of this Court on the question. In three cases Lakshmana Rao, J., has expressed the opinion that the complaint must be filed by the Court, while Burn, J., has expressed an opinion to the contrary.

2. The first of the decisions by