ORDER :

The present petition has been filed for quashment of the case on the file of the XV Metropolitan Magistrate, George Town, Chennai, which have been taken pursuant to the complaint lodged by the respondent for prosecution of the petitioner for defamation.

2. It is the case of the petitioner that an interview was given by him along with his colleagues in the cine industry at the funeral of one Ashok Kumar, who committed suicide due to financial constraints, which interview was published in the Tamil Magazine “Junior Vikatan” on 29.11.2017, wherein it is alleged by the respondent that the petitioner had made defamatory and derogatory statement against the respondent, which led to the filing of the complaint by the respondent against the petitioner and three other persons.

3. The private complaint was preferred by the respondent before the learned XV Metropolitan Magistrate, George Town, Chennai, on the allegation that the petitioner had made derogatory/adverse/defamatory/ill statement against the respondent in the Tamil Magazine “Junior Vikatan”, which has wide circulation throughout the length and breadth of the country, which has been taken cognizance of by the learned Magistrate. The sum and substance of the said statement, alleged to have been made by the petitioner, for better appreciation, is quoted hereunder :-

4. Learned counsel appearing for the petitioner submits that the interview given by the petitioner is not an exclusive interview given to any person, much less the Tamil Magazine and the said statement was given by the petitioner only at the funeral of a colleague and the reason for the said suicide was the financial constraints faced by the deceased individual, which was the outcome of pressure created by the financiers. In that regard, the petitioner had merely subscribed his views when asked for and he had not made any pointed allegation against the respondent. It is the further submission of the learned counsel for the petitioner that the said view expressed by the petitioner was under the bona fide belief and information, which he had from persons, who were reliable and, therefore, even if the statement had hurted the respondent, in view of the bona fide belief of the petitioner in uttering the said statement, exception 8 and 9 to Section 499 IPC stands attracted and, therefore, the said statement of the petitioner could in no way be termed to be slanderous and derogatory for invoking the provisions of Section 499 IPC. Therefore, it is prayed that the private complaint, which has been taken cognizance of by the learned Magistrate, deserves to be quashed.

5. Though the private complaint has been filed by the respondent, viz., Mukanchand Bothra, however, in view of the demise of the said individual, representation on his behalf was made by his son Gagan Bothra as party-in-person. It is the submission on behalf of the respondent that the petitioner is a very well known figure around the cine circles and had wide acquaintance and enjoys a great rapport among the public. The utterances of the petitioner literally accusing the respondent as persons, who, as financiers, have scant regard to the persons, who have taken money from them and inspite of the money being returned, they seldom return the pronotes, which have been given as security for the said financial transaction. It is the submission on behalf of the respondent that the imputation in the opinion carried out by the Tamil Magazine directly imputes the respondent as one of the person responsible for the death of the individual, viz., Ashok Kumar. The statement tarnished the image of the respondent in front of the public at large, more so the members of the cine community, which has maligned his name in front of the public and the cinematic community. In the above backdrop, the private complaint has been filed, which on proper appreciation, has been taken on file and, therefore, it is submitted that no interference is called for.

6. This Court bestowed its be