ORDER

This matter has been repeatedly listed before this Court atleast on four occasions and there was no representation for the parties. On the last occasion on 9.8.2021, the matter was directed to be listed under the caption “For Dismissal”. Inspite of very many opportunities granted, when the matter is listed on 22.09.2021, there is no representation for the parties. In view of the fact that the matter pertains to the year 2017, this Court has taken up the matter and decided to decide the same on merits.

It is the case of the respondent that the petitioner, being the State President of the Bharathiya Janata Party, while giving an interview to the electronic and print media, had termed the Viduthalai Chiruthaigal Katchi and its head, to which party the respondent belongs as a party which is conducting Kangaroo Courts and also abducting the lands from the public and has uttered the derogatory remarks against the political party and its head. On the said averments, private complaint has been filed by the petitioner invoking Section 199 r/w 200 of the Code of Criminal Procedure before the Judicial Magistrate No.I, Kancheepuram, which has been entertained as C.C. No.212/17 and taken on file by issuing summons to the petitioner. Aggrieved by the said summons and cognizance taken by the court below, the present petition has been filed seeking quashment of the said case.

As stated above, inspite of repeated adjournments, this Court has not seen the light at the end of the tunnel by way of the respective learned counsel appearing for the parties. In the aftermath of the long pending nature of the case and further the facts of the case and the documents, which stares on the face of the record, warrants disposal of this case on appreciating the merits and documents available in the typed set, this Court proceeds to dispose of the case without further delaying the disposal of the matter for the presence of the learned counsel for the parties.

It is the pointed averment of the petitioner that though the petition has been filed for the offence u/s 500 IPC, but curiously the summons have been issued by the court below directing the petitioner to appear in relation to an offence u/s 138 of the Negotiable Instruments Act, which is not only ridiculuous, but clearly shows the non-application of mind on the part of the court below in taking cognizance of the issue by issuing summons.

It is the further averment of the petitioner that in no way the complainant is affected by the alleged innuendos of the petitioner and further no iota of evidence is also placed before the court below to show that the petitioner has made any such statement before the print and electronic media. It is the further averment of the petitioner that no authorization, whatsoever, has been filed by the respondent to show that he has been authorised by the party President Thol.Thirumavalavan to file the private complaint on behalf of the party as also the party President. It is the further averment of the petitioner that the private complaint filed by the petitioner is only to gain popularity with the party and its President and the said private complaint, without the necessary authorisations, is nothing but an abuse of process of law, contrary to the weight of evidence and not substantiated by facts and materials.

It is the further averment of the petitioner that there is no prima facie case warranting issuance of the summons, which too have been issued wrongly, making the whole process a nullity, which is liable to be quashed. It is further averred that no material in the form of electronic and print material has been filed to support the complaint filed by the petitioner. On the above grounds, the petitioner has filed the present petition for quashment of the abovesaid case.

As stated above, the respondent has not thought it fit to appear before the court to contest the case, except filing the private complaint and having summons issued. Therefore, in the absence of the res