ORDER :

1. The petitioners have come before this Court against the summons issued by the XVIII Magistrate, Saidapet, Chennai in C.C. No. 7725/2017, in response to the complaint of defamation made by the respondent herein alleging defamation against the petitioners in relation to the written arguments submitted by them before the Arbitrator in the arbitration proceedings.

2. It is the case of the respondent herein that he was employed in M/s. Technosoft Global Services Pvt. Ltd. (hereinafter called the ‘company’) in which the 1st petitioner was the Chairman and the 2nd petitioner was the Chief Business Officer. The respondent was employed as the Vice President of the company on 5.4.2010 and functioned as such till 5.9.2014. It is the averment of the respondent herein in the complaint that he had rendered satisfactory service during his tenure with the company and was considered to be a big asset to the company and was respected by his superiors and subordinates. However, due to personal reasons, the respondent submitted his resignation from the company through e-mail on 8.7.2014 by serving two months notice, which was accepted by the company and he was relieved on 7.9.2014 and the respondent was paid all the benefits due to him from the company.

3. It is further averred by the respondent that while joining the company, he had signed a confidentiality and Non-Disclosure agreement, which he had scrupulously adhered to. One of the clauses in the said agreement relates to the respondent not to take up any assignment with the customers of the company for a period of 24 months, which the respondent fulfilled. The respondent had, thereafter, started his own business by developing an application, which is in no way even remotely connected with any work discharged by him with his erstwhile company.

4. However, all of a sudden, during the first week of October, 2016, the respondent received a legal notice along with written arguments submitted by the company in the arbitration proceedings. The respondent was not aware of the arbitration proceedings and the written arguments submitted by the company imputed allegations that the respondent had dishonest intention and had indulged in illegal acts, which prejudiced the business of the company and that he had not adhered to the confidentiality and Non-disclosure agreement signed by him. The averments in the written argument maligned his reputation among the persons who had known him and the said allegations were not based on any material and the act of the company clearly shows that the arbitration proceedings have been taken against the respondent only with ulterior motive and to defame the respondent and the same was intentionally sent to several persons, who had personally known him, which is only an attempt to tarnish his image among such of the persons, who know him intimately. The respondent's reputation has thus been defamed and his name had been denigrated in the eyes of the persons, who had opportunity to read the written arguments. The integrity of the respondent has also been put in issue in the written argument, which is devoid of any materials and, therefore, on the above allegations, the complaint was field u/s 199 Cr.P.C. for an offence punishable u/s 500 IPC.

5. Pursuant to the above complaint, the same was taken on file by the learned XVIII Metropolitan Magistrate and summons were issued to the petitioners herein for their appearance to answer the charge against which the present petition has been filed.

6. Interim order was granted by this Court on 22.1.2018 dispensing with the personal appearance of the petitioners before the learned XVIII Metropolitan Magistrate, which has been subsequently extended and the said interim order is in subsistence till today and no petition has been filed to vacate the interim orders.

7. Learned senior counsel appearing for the petitioners submit that the petitioners have not signed documents maligning the respondent and the written arguments have be