The determination of 'good faith' and 'public good' as exceptions to defamation under Section 499 I.P.C. is a matter of evidence and cannot be decided at the quashing stage under Section 482 of Cr.P.C.

JUDGMENT

(Prayer: Petition filed under Section 482 of Cr.P.C.to call for the records in C.C.No.685 of 2022 on the file of the learned Judicial Magistrate No.III, Coimbatore and quash the same.

Petition filed under Section 482 of Cr.P.C.to call for the records in C.C.No.684 of 2022 on the file of the learned Judicial Magistrate No.III, Coimbatore and quash the same.

Petition filed under Section 482 of Cr.P.C.to call for the records in C.C.No.686 of 2022 on the file of the learned Judicial Magistrate No.III, Coimbatore and quash the same.

Petition filed under Section 482 of Cr.P.C.to call for the records in C.C.No.687 of 2022 on the file of the learned Judicial Magistrate No.III, Coimbatore and quash the same.

Petition filed under Section 482 of Cr.P.C.to call for the records in C.C.No.683 of 2022 on the file of the learned Judicial Magistrate No.III, Coimbatore and quash the same.)

Common Order:

1. Following Criminal Original Petitions have been filed by the Petitioners who are the office bearers of the Association viz., Springfield Rivera Owners Association to quash the private complaints filed by the Respondents. The learned Judicial Magistrate N.III, Coimbatore, took cognizance for the offence under Section 500 I.P.C.

2. Since the allegations in the Private Complaint are one and the same, this Court is inclined to dispose of all the above Criminal Original Petitions in a common order. The allegations set out in the private complaints are as follows:

3. The accused had addressed an e-mail containing scandalous statements to all the members of the M/s. Springfield Rivera Owners Association. According to him the  following contents in the letter was sent to all the members:

“a. The Association has gravely infringed and tresspassed into the legal and un-encumbered possession rights. Hence, the action of the Association in installing this gate is consdiered a “criminal and perverse” action, with ulterior motive.

b. With fraudulent and obscure intentions, the office bearers of the Association, on the pretext of sanction of five water connections in some individual owners names, attempted to steal water from Corporation mainlines into the above sump.

c. This cheap action of the Managing Committee has put the whole community to shame and suspicion in the minds of the Corporation.

d. As per the previous month's Income and Expenditure statement, circulated to members, it was noticed that an amount of about Rs.45000/- was spent on the illegal water tapping.

e. Thus we find that large amounts are spent on illegal activities by the Managing Committee which is ultravires their powers.

f. In addition, the financial transactions, accounts and major decisions pertaining to the Association are continued to be taken by a few of the Managing Committee members leaving huge suspicion in the minds of all members on the genuineness of these expenses. This is also against the Orders of the Registrar of Societies, By-laws and undertaking given by the Committee that accounting and banking records will be kept open for members view and scrutiny as per the Act and By-law.

g. As our hard-earned money is misappropriated instead diligently used for welfare of the members. This will continue till such time the Managing Committee rectifies all their mistakes and deposit the amount incurred on the above illegal actions, into the Bank account of the Association and provide proof thereof to all members.”

4. Hence it is contended that such letter is nothing but scandalous and defame the reputation of the complainant in