( 1 ) THIS is an appeal by special leave under Section 417 (3) of the Code of Criminal procedure from an order of acquittal on private complaint by appellant Harnarain. His case was that Shyamlal, Jagram and Deopaldas respondents got a hand bill printed by Laxmanrao respondent No. 4 and this handbill contained statements defamatory of the complainant. Shri Misra has not pressed this appeal as regards laxmanrao respondent No. 4. The impugned handbill is an appeal issued by the accused dissuading the public from giving any subscription to the complainant and one Manohar who is not a party to this case. It was said among other things that harnarain and Manobar raised huge subscriptions which they invested in their own personal business; that formerly they used to repair shoes and were carrying on the business of a shoeblack, but extended the business and were running two boot houses. We would reproduce only the significant portion of the handbill on which shri Misra laid stress. The caption of the handbill is "thagion Se Bacho. "

"pichhale samaye ek parcha Shri Harnarayan Ken Wa Manohar ne chanda ughane ke liye nikalwaya hai. Lashkar Gwalior wa Murar ke jatwon se anek ba