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1957 Supreme(Mad) 75

SOMASUNDARAM
U. M. Aravamutha Iyengar – Appellant
Versus
Rajarathna Mudaliar – Respondent


Advocates Appeared:
C.K. Venkatanarasimham, for Petitioner; V.S. Ramaswami Aiyangar, for Respondent; Public Prosecutor, for the State.

Judgement

ORDER :- This is a revision against an order passed by the Special First Class Magistrate, Pallavaram. The petitioner was prosecuted for the offence of defamation. In the complaint filed it is alleged that the petitioner has written letters to persons in Madurai, in which he had made allegations, which are defamatory. But in paragraph 6 of the complaint it is also stated that the accused was spreading gossips in the village in the business circles purely to belittle complainants business integrity and harm his business if possible and that he had on more than one occasion defamed the complainant in the presence of witnesses.

The letters alleged to have been sent to merchants at Madurai were posted at Chingleput and they were received at the other end by the persons to whom they were addressed. An objection was raised by the accused in the lower Court that inasmuch as the letters referred to were sent to Madurai and were received at Madurai and as the publication, therefore, to the two persons was at Madurai, the Court at Pallavaram to which the case was transferred by the learned District Magistrate has no jurisdiction.

2. The main contention of the learned counsel for the p












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