Criminal complaint under Sections 199/200 CrPC for defamation under Sections 499/500 IPC
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
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IN THE COURT OF THE LEARNED CHIEF METROPOLITAN MAGISTRATE, SAKET COURTS, NEW DELHI
CRIMINAL COMPLAINT NO.Complaint number/Complaint year
IN THE MATTER OF:
Complainant's name….COMPLAINANT
VERSUS
Accused's name….ACCUSED
INDEX
| Sl.No. | Particulars | Page No. |
|---|---|---|
| 1. | Memo of Parties |
| 2. | Complaint under Section 199/200 of the Code of Criminal Procedure, 1973 for taking cognizance of, summoning, putting the Accused on trial and convicting the Accused for the commission of the offences under Sections 499 and 500 of the Indian Penal Code, 1860, for false imputation against the Complainant and thereby committing the offence of defamation |
| 3. | List of Documents along with documents |
| 4. | List of Witnesses |
| 5. | Certificate under Section 65B of the Indian Evidence Act |
| 6. | Vakalatnama on behalf of the Complainant |
DateCOMPLAINANT
PlaceThrough
COUNSEL
Counsel's signature block
Counsel's name
IN THE COURT OF THE LEARNED CHIEF METROPOLITAN MAGISTRATE, SAKET COURTS, NEW DELHI
CRIMINAL COMPLAINT NO.Complaint number/Complaint year
IN THE MATTER OF:
Complainant's name….COMPLAINANT
VERSUS
Accused's name….ACCUSED
MEMO OF PARTIES
Sh. Complainant's name
S/o Complainant's father's name
R/o: Complainant's address….COMPLAINANT
Versus
Ms. Accused's name
D/o Accused's father's name
W/o Accused's husband's name
R/o Accused's address….ACCUSED
DateCOMPLAINANT
PlaceThrough
COUNSEL
Counsel's signature block
Counsel's name
MOB: Complainant's mobile number
EMAIL: Complainant's email address
IN THE COURT OF THE LEARNED CHIEF METROPOLITAN MAGISTRATE, SAKET COURTS, NEW DELHI
CRIMINAL COMPLAINT NO.Complaint number/Complaint year
IN THE MATTER OF:
Complainant's name….COMPLAINANT
VERSUS
Accused's name….ACCUSED
COMPLAINT UNDER SECTIONS 199/200 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR TAKING COGNIZANCE OF, SUMMONING, PUTTING THE ACCUSED ON TRIAL AND CONVICTING THE ACCUSED FOR THE COMMISSION OF THE OFFENCES UNDER SECTIONS 499 AND 500 OF THE INDIAN PENAL CODE, 1860, FOR FALSE IMPUTATION AGAINST THE COMPLAINANT AND THEREBY COMMITTING THE OFFENCE OF DEFAMATION
MOST RESPECTFULLY SHOWETH:-
The Complainant most respectfully submits the instant complaint before this Hon'ble Court as under.
The facts leading to the filing of the instant complaint are as follows:
1.That the Complainant is a highly educated, law-abiding citizen of India who reposes full faith in the justice delivery system. That the Complainant, through his sincere endeavours and bona fide actions, has earned credibility and goodwill within his social circle.
2.That the Complainant and the Accused are husband and wife and were married on Date of marriage. After the marriage, the Complainant and the Accused lived together and cohabited as husband and wife in their shared accommodation.
3.That the marriage between the parties was duly consummated, and the parties lived and cohabited as husband and wife. From the said wedlock, the Complainant and the Accused were blessed with two sons, namely Master Elder son's name and Master Younger son's name.
4.That the elder son, Master Elder son's name, was born on Elder son's date of birth, and all expenses towards his upbringing were borne by the Complainant, and the younger son, Master Younger son's name, was born on Younger son's date of birth. It is pertinent to mention that the Complainant has always provided everything required for his children, whereas the Accused has been adamant from the very outset and has shown no care or concern for the children. It is further pertinent to mention that, despite the several litigations pending between the Complainant and the Accused, the Complainant has continued to bear the school fees of both children. It is also pertinent to mention that the Complainant has provided for all the needs of his children, notwithstanding the fact that the Accused has not permitted him to meet his children.
5.That the Complainant and the Accused were living separately in Delhi; the Complainant and his parents resided separately at Complainant's residence locality, Complainant's residence city, along with the elder brother of the Complainant. It is necessary to mention here that the Accused has levelled numerous false and frivolous allegations and lodged cases against the old and ailing parents of the Complainant, who had never resided with the Complainant and the Accused.
6.That the Complainant is highly qualified and holds a degree of Complainant's degree, and is working as an Associate at Name of company where complainant works at Company address, Company address (city/locality).
7.That the Complainant is a mechanical engineer with Years of experience years of experience in the Building Services Industry. He also possesses extensive experience in the design of plumbing and fire-fighting services in real estate projects. The Complainant is further a reputed certified trainer with Name of training certification body and is also affiliated with the Institution of Engineers.
8.That, upon moving to Delhi, the Complainant provided all the amenities required for setting up a household and leading a smooth life to the Accused. The Complainant bestowed due care, love and affection upon the Accused with utmost devotion, and always fulfilled the demands of the Accused without any objection.
9.That the Complainant made every effort to persuade the Accused to live peacefully with him and the children, but the Accused paid no heed thereto. In January Year of incident, the Accused went to Place accused went to and Second place accused went to, leaving behind the two small children for a period of 7 days. During the said period, the elder son of the Complainant, Master Elder son's name, suffered from pneumonia, and despite being informed of the illness of their son, the Accused did not return immediately.
10.That after the birth of the second son, namely Younger son's name, the Complainant was compelled to shift to Place complainant shifted to, in the house of the maternal grandmother of the Accused, as the in-laws of the Complainant were also residing nearby at Place of accused's maternal grandmother's house locality, despite the fact that the school of the elder son, Elder son's name, is situated Distance of school from residence (kms) kilometres away therefrom.
11.That the Complainant tried everything within his reach to save his marriage, but nothing worked, and the Complainant was thrown out of his own house by the Accused.
12.That the Complainant is essentially aggrieved by the irrational and erratic behaviour of the Accused.
13.That the Accused has misappropriated a cheque belonging to the Complainant and presented the same after placing false and forged signatures thereon. It is pertinent to mention that the Accused maliciously forged the signatures of the Complainant and got the said cheque dishonoured, in pursuance whereof the Accused has also filed a false and frivolous complaint case under Section 138 of the NI Act before the Hon'ble Court at Faridabad, on the ground of dishonour of the cheque allegedly issued in lieu of payment of arrears of maintenance. It is necessary to mention that the Complainant duly reported the said malicious act of the Accused to the police authorities by way of a written complaint. A copy of the police complaint and the reminder letter is annexed herewith as ANNEXURE P-1 (Colly.).
14.That the malevolent intentions of the Accused are further evident from the fact that she has, time and again, changed her stance upon the facts alleged by her in multiple cases. The variations and contradictions in her concocted narratives demonstrate that the Accused is a habitual litigant, given to making false, frivolous and baseless accusations in order to extort money from the Complainant and to defame the hard-earned reputation of the Complainant.
15.That the aforesaid tendencies and mala fides of the Accused are clearly borne out from her cross-examination in the pending proceedings under Section 125 Cr.P.C. before Court where maintenance case is pending. The excerpts from the cross-examination dated Date of cross examination are reproduced hereunder for the kind perusal of this Hon'ble Court;
Q. Have you sent any legal notice to the Accused regarding cheque bounce?
Ans. Yes, I have sent the legal notice dated Date of legal notice.
Q. Who gave you the first information that the cheque of the alleged arrears amounting to Rs. Cheque amount (₹ lakh) Lakh was given?
Ans. Answer as to first information about cheque.
The certified copy of the cross-examination in M. No. Maintenance case number/Maintenance case year, pending adjudication before the Ld. Court where maintenance case pending, is annexed herewith as ANNEXURE P-2.
16.That the Complainant is presently working at the office of Name of complainant's current office, at Office address, Office address (city), and has worked tirelessly towards attaining his post and reputation in view of his professional and personal contacts, and had hopes of maintaining the same through continuous and untiring endeavours.
17.That the Complainant has been an employee with satisfactory performance and character, has no internal issues in the company, and has never been called upon by the Human Resources Department for any uncalled issue or matter.
18.That the wife of the Complainant, who is the Accused herein, Accused's name, through her email id “Accused's email id”, wrote several derogatory and threatening emails to the Complainant and to his office email ids, namely Complainant's office email ids, marking all the heads and directors of the company where the Complainant works in copy of the said false and frivolous mails. The said emails were sent not only to the present office of the Complainant but also to his previous office, with malicious allegations against the Complainant.
19.That the wife of the Complainant, who is the Accused herein, wrote an email on Date of email at around Time of email PM from her email id, namely Accused's email id, to the personal email id of the Complainant, namely Complainant's personal email id, and the said email was received by the Complainant at his home at Complainant's home address. As the Complainant was working from home owing to the lockdown, the said emails were also sent to the HR department of the company where the Complainant is employed, in loop with Complainant's name at his office email address, namely Complainant's office email id, containing inflammatory and defamatory content, which is reproduced herein for the perusal of this Hon'ble Court:
“I would like to bring to your kind knowledge that I, Accused's name, wife of Complainant's name, who is working in your company in an associate position. He is living apart from his family for the last six years. We have completed 15 years of our arranged marriage and we have two issues out of our wedlock, and I am the only person who has been taking care of them for the last six years as a single parent.
I am writing this email to you because Complainant's name is harassing me and my kids mentally, socially and financially. He is neither following the court rules nor responding to the mails.
The reason behind this separation is his extra-marital affairs with his colleagues. Not only this, he has cheated his previous organisation by doing their projects unofficially with the help of bribes.”
I am his wife, so he was taking all the money into my accounts.
On the ground of bribery and his malafide intentions, his previous companies have fired him by asking for his resignation forcefully.
Today he is going through a number of litigations.
He and his family members are on bail in two criminal cases.
Section 125 maintenance for the kids.
Execution of more than 15 lacs.
Section 498A — he and his family are on bail in the dowry case.
Section 138 — maintenance, cheque bounce of Cheque amount (₹ lakh) lacs, and he is on bail.
Child custody.
Domestic violence.
Suit for recovery and property partition.
Suit for injunction.
He is not abiding by the court orders honestly, so I am bound to inform you all, because his behaviour of this kind is affecting my kids' day-to-day life and their future. … She further wrote in the same email …
If I speak on humanitarian grounds, it is really strange to understand that a person who is not capable of keeping his kids happy, or cannot pay for their expenses, can be a loyal person to his company.
A person who cannot manage his own family's image socially — how can a company think that he will be able to handle their image in the market?
For us, he is a pain in the neck for me and my kids, because he is a cold fish.
I will be extremely thankful if you will be able to do the needful for my two small kids.”
20.That the said email dated Date of email was sent to the email id of the Complainant and to the HR department of his company, bearing the subject “Subject line of email Payment request and awareness letter”. The said email was sent by the Accused alleging that she used to receive the money in her accounts out of the alleged bribery claims that she has accused the Complainant of having taken in his previous employment.
21.That the Accused also stated in the email sent on Date of email that “on the grounds of bribery and his malafide intentions his previous companies have fired him by asking for his resignation forcefully”. It is pertinent to note here that serious allegations such as bribery and misdemeanour have been levelled against the Complainant without any actual or concrete evidence.
22.That the contents of the email dated Date of email are defamatory and malicious in nature. The contents are directly targeted at tarnishing the image of the Complainant. The Complainant is a professional in his field, has been working in the engineering field, and has 16 years of relevant experience.
23.That it is humbly submitted that the facts alleged by the Accused in the said emails are utterly false and were aimed at causing hurt to the standing that the Complainant had earned through years of hard work. The Complainant is filing the copies of the emails along with the certificate under Section 65 of the Evidence Act, and the Complainant reserves the right to file additional documents against the Accused as and when the occasion to file the same arises, and further reserves the right to initiate appropriate civil and criminal proceedings against the Accused before the competent courts.
24.That it is important to understand that it takes years for a person to establish himself in any field of work. The accusations levelled against the Complainant would deal a severe blow to his professional life. The accusations are false and frivolous in nature.
25.That such allegations are of so serious a nature that any person of ordinary intellect would begin to question the character of the Complainant, and consequently the assassination of his character at the workplace would already have commenced.
26.That every individual, irrespective of the litigations he or she is involved in, has a right to work and earn his or her livelihood with reputation. The contents of the email have pinpointed certain aspects of the personal life of the Complainant which play no role whatsoever in determining his professional capabilities and credibility. The story has been fully concocted to show the Complainant in a bad light.
27.That the email has also sought to portray the Complainant as a person in default of law, which is highly unacceptable on the part of the Accused, as the Complainant is a peace-loving and law-abiding citizen of India and has never been on the wrong side of the law.
28.That the Complainant and the Accused have a number of litigations pending against each other in various courts of Delhi NCR.
29.That FIR No. FIR number was registered at PS Police station, Delhi, on the instance of Accused No. 2 against the Complainant and his family members under Sections 498A/406 IPC. The case is at the stage of prosecution evidence and is listed next on Next date of hearing before the Hon'ble District Court, Saket. It is important to note that neither the Complainant nor his family members were ever arrested by the Investigating Officer in the case, and the Complainant was granted anticipatory bail in the matter.
30.That a petition under Section 125 Cr.P.C. was also filed by the Accused against the Complainant before the trial court seeking maintenance. The next date of hearing in that matter was Next date of hearing in maintenance case, and owing to the prevailing pandemic situation, the actual next date of hearing is not known at present.
31.That a complaint case under Section 12 of the D.V. Act has also been filed by the Accused against the Complainant, in which the next date of hearing is Next date of hearing in DV case.
32.That a complaint under Sections 138/142 of the Negotiable Instruments Act, 1881, has also been filed by the Accused against the Complainant, in which the next date of hearing was Next date of hearing in cheque bounce case, and the actual next date of hearing is presently unknown owing to the prevailing Covid-19 pandemic situation.
33.That in addition to the litigations described above, a custody battle concerning the two children born out of the wedlock of the Complainant and the Accused is also ongoing, and numerous other applications have been filed by both parties against each other.
34.That on Date of email to HR, the Accused sent an email to Mr. Name of HR person, who handles the Human Resources Department of the company where the Complainant is working as an Associate. The email contained malicious content intended to harm the character of the Complainant. All the details mentioned in that email pertain to the personal matters of the Complainant and the Accused, which form part and parcel of the ongoing litigations and are under adjudication before the Hon'ble trial court.
35.That the email dated Date of email sent by the Accused also purported to direct the present employer company to deduct an amount of Amount sought to be deducted from salary (₹)/- from the salary of the Complainant and remit it to the Accused, which is an absurd and legally impermissible demand.
36.That in her email dated Date of email, the Accused also sought to portray the Complainant as a person incapable of working in the company. The statement reads as follows: "*A person who can't manage his own family's image socially than how can a company thinks he will be able to handle their image in market."*"
37.That in her email, the Accused referred to the Complainant by derogatory names such as "First derogatory name used by the Accused" and "Second derogatory name used by the Accused".
38.That Mr. Name of HR person, the HR officer of the company where the Complainant works, sent a reply to the aforesaid email of the Accused from his email id, Email id of HR person, at around Time of reply email AM on Date of reply email, stating that "As per the company policy, we do not comment/interfere on the personal matters of our employees." As the matter is sub-judice, it is for the respective courts to issue appropriate directions.
39.That on account of the aforesaid malicious and criminally intended acts of the Accused, the Complainant has become a subject of gossip and ridicule among the staff of the office premises. The Accused has projected the Complainant as a careless father, whereas the truth is contrary to this, as detailed and discussed in the preceding paragraphs.
40.That despite receiving the aforesaid reply from the company of the Complainant, the Accused did not desist from her illegitimate acts of harassing and defaming the Complainant and maligning his image. She once again sent an email to the company of the Complainant, and on this occasion crossed all limits, since she sent the email not only to the HR officer, Mr. Name of HR person, but also to the heads of offices and directors of the company in Foreign country where company heads located and in India, at their respective email ids. On Date of threatening email, at around Time of email PM, the Accused again wrote an email from her email id, Email id of the Accused, and threatened the heads of offices and directors of the company where the Complainant is working by stating that "*'otherwise Complainant's name's supporters will be admissible in court u/s 120B.'*" The Accused sent the above email to the following email ids of the directors of the company:
a.Email id of company director
b.Second email id of company director
c.Third email id of company director
d.Fourth email id of company director
Further, in the above email dated Date of email, the Accused addressed Mr. Name of HR person, demanding that the company share its HR policies, while referring to the Complainant as "*"those employees who booked criminal cases for themselves and on leave for 15 days in month because of their personal litigation"*". Such statements are derogatory and inquisitive in nature and are capable of creating a misconception in the mind of the employer of the Complainant. That copies of the above emails dated Date of first email, Date of second email and Date of third email are annexed herewith and marked as Annexure P3 to P5.
41.That on the same day, i.e., on Date of management decision, the top-level management conveyed their decision to the Complainant telephonically, asking him to speak to the Accused and request her not to send such emails to them, failing which they would be constrained to take the matter in the most serious manner. The Complainant attempted to make the management understand the nature of the Accused and her efforts to entrap the Complainant, and further apprised the management that he already had a restraining order from the Faridabad court to the effect that the Accused could not interfere at his workplace; the management thereupon asked him to convey the same by email. Accordingly, the Complainant sent an email from his email id on Date of complainant's email at around Time of complainant's email PM to all the email ids mentioned above, on which the Accused had sent the threatening and defamatory emails, and requested the company not to reply to the emails of the Accused. A copy of the email dated Date of complainant's email sent by the Complainant is annexed herewith as ANNEXURE-P6.
42.That it is pertinent to mention here that the Hon'ble Civil Judge, Faridabad Court, vide its order dated Date of Faridabad civil court order, had categorically restrained the Accused from interfering with or visiting the workplace of the Complainant. However, the Accused has chosen not to abide by the orders of the Hon'ble Court and has continuously approached the workplace through emails containing derogatory remarks, for which the Accused is also liable to be prosecuted for contempt of court. The relevant portion of the order is reproduced herein for the perusal of this Hon'ble Court:
"*in view of the categorical submissions made by Complainant's name,"*"
A copy of the order passed by the Hon'ble Court at Faridabad is annexed herewith as Annexure P7.
43.That the plight of the Complainant did not end here. The Accused, with malicious intent, again sent an email dated Date of email to the Complainant, in which she copied all the HR managers. The Complainant received the same at his home on Date/time email received at home. The email sent by the Accused clearly demonstrates her intention to defame the Complainant at his workplace as well as before his friends and relatives by showing them the alleged messages from the school authorities. The relevant portion of the email is reproduced herein for the perusal of this Hon'ble Court:
"*I am Quote from email."*"
A copy of the email dated Date of email is annexed herewith as ANNEXURE P-8.
44.That the Complainant is himself facing hardship due to the Covid-19 pandemic, while the Accused is creating numerous problems in the life of the Complainant by sending false and frivolous emails and by filing false cases, including a false complaint case under Section 138 of the NI Act, etc. It is also important to mention here that the maintenance of the Accused was stopped by the Ld. Principal Judge, Family Court, Saket, Delhi, which reflects upon the conduct of the Accused, who is deliberately and repeatedly attempting to entrap the Complainant with an evil motive.
45.That the emails sent by the Accused are targeted principally at bringing shame upon the name of the Complainant, and have been made in the absence of any cause of action whatsoever.
46.That it is humbly submitted that the facts as alleged by the Accused in the said complaint are utterly false and were aimed at causing injury to the standing which the Complainant had earned through years of hard work.
47.That it is humbly submitted that the Accused, acting out of a certain subtle and undisclosed grudge against the Complainant, has blown the facts out of proportion and has maliciously targeted the Complainant with a view to maligning his image, aiming at his character assassination by lowering his prestige and by maliciously entangling his name in false accusations.
48.That the Accused has caused immense damage to and has tarnished the reputation of the Complainant with ulterior motives calculated to defame the Complainant and to cause disrepute to him in the eyes of society and the public at large, by filing the aforesaid defamatory statements in a highly reckless manner.
49.That the imputations were false, defamatory in nature and lacking in good faith. The said imputations were made maliciously and with utter recklessness, at a time when the Accused knew, or had reason to believe, that they were untrue and absolutely without foundation, and that the same would harm the reputation of the Complainant. The said imputations have, in fact, lowered the reputation of the Complainant in the estimation of his business colleagues, members of the public at large and right-thinking members of society. The said imputations were made by the Accused without verifying their correctness and were devoid of the due care, attention and inquiry which the Accused was enjoined to exercise but wilfully failed to do so. The said imputations lacked honesty of purpose and were made to harm the reputation of the Complainant, there being a conscious violation of law on the part of the Accused, who acted without any sense of responsibility, prudence, propriety, care and caution. To say the least, the said imputations were totally irresponsible and actuated by ill-will, malice, improper motive and collateral considerations.
50.That the said imputations lacked honesty of purpose and were made to harm the reputation of the Complainant, there being a conscious violation of law on the part of the Accused, who acted without any sense of responsibility, prudence, propriety, care and caution. To say the least, the said imputations were totally irresponsible and actuated by ill-will, malice, improper motive and collateral considerations.
51.That it is submitted that, pursuant to the acts of the Accused against the Complainant by levelling false accusations, the Accused has caused severe injury to the reputation of the Complainant.
52.That the Accused deliberately levelled false allegations against the Complainant in order to tarnish his image in society at large. The Accused is further threatening the Complainant by sending various false emails to the friends of the Complainant so as to defame him.
53.That the said defamatory allegations are sufficient to lower the image of the Complainant in the eyes of society and the general public at large, and the same have been deliberately placed before the Hon'ble Court and thereafter circulated amongst the common friends of the Complainant, enabling various persons to read the defamatory contents thereof, which contain, besides other false, fabricated and defamatory allegations, certain relevant portions couched in highly defamatory language.
54.That on account of the aforesaid false allegations placed by the Accused before the Court as well as communicated to the public at large, the Complainant has been put to considerable embarrassment and humiliation in society and at his workplace.
55.That the allegations put forward by the Accused state that the aforesaid allegations have created a stir in the friends' circle of the Complainant.
56.That the Accused intentionally committed the said acts in order to insult the Complainant and to cause damage to the reputation and goodwill of the Complainant and his family.
57.That the Complainant respectfully further states that the allegations as levelled by the Accused are false, mischievous, groundless, fictional, imaginary, fabricated, concocted and defamatory per se.
58.That the Complainant further submits that the Accused has caused immense damage, has tarnished his reputation and has cast aspersions on his character with ulterior motives calculated to defame him and to cause disrepute to him in the eyes of society and the public at large, by filing the aforesaid defamatory statements in a highly reckless manner.
59.That the Complainant further submits that the allegations of unhealthy behaviour and those relating to the personal life of the Complainant, as levelled by the Accused, contain utterly false, scurrilous, derogatory, disparaging, slanderous and highly defamatory statements per se, which are unsubstantiated by any cogent and irrefutable evidence. The Complainant further states that those contents have been made by the Accused simply to defame, derogate and humiliate the Complainant and his family amongst his social circle and society at large, out of a certain grudge, envy and jealousy, with a dishonest, malicious and mischievous intention to cause wrongful loss to the Complainant, to lower his reputation and to tarnish the goodwill of the Complainant and his family in society, both domestically and overseas.
60.That the Complainant respectfully further states that the allegations as levelled by the Accused are false, mischievous, groundless, fictional, imaginary, fabricated, concocted and defamatory per se.
61.That this Hon'ble Court has jurisdiction to entertain the present Complaint, as the Complainant resides within the jurisdiction of this Hon'ble Court.
62.That the said imputations were thus false, defamatory in nature and lacking in good faith. The said imputations were made maliciously and with utter recklessness by the Accused at a time when he had apparent reason to believe that the same were untrue and absolutely without foundation, and that the same would harm and lower the reputation of the Complainant. The said imputations have, in fact, lowered the goodwill of the Complainant in the estimation of his business colleagues, members of the public at large and right-thinking members of society. The said imputations were made by the Accused without verifying their correctness and were devoid of the due care, attention and inquiry which the Accused was enjoined to exercise but wilfully failed to do so. The said imputations lacked honesty of purpose and were made to harm the reputation of the Complainant, there being a conscious violation of law on the part of the Accused, who acted without any sense of responsibility, prudence, propriety, care and caution. To say the least, the said imputations were irresponsible and actuated by ill-will, malice, improper motive and collateral considerations.
63.That on account of the said imputations and their communication and dissemination, the prestige, credit and reputation of the Complainant have been grossly undermined, jeopardised and damaged, causing him to be regarded with feelings of hatred, contempt, ridicule, derision, dislike, disgrace and disesteem amongst members of society, the community and the public. The said imputations have also injured the feelings of the Complainant and his family members, causing the Complainant to suffer mental anguish, distress and trauma.
64.That it is needless to mention that the right to reputation is a facet of the right to life of the Complainant under Article 21 of the Constitution of India. Reputation is not only the salt of life but also the purest treasure and the most precious perfume of life. It is an extremely delicate and cherished value this side of the grave, and is a revenue generator for the present as well as for posterity.
65.That by making such false imputations, the Accused has sought to ruin the future prospects of success that the Complainant had. The Accused has acted in a grossly callous manner and has caused a severe assassination of the character of the Complainant.
66.That the acts of the Accused have caused valuable damage to the reputation of the Complainant and have harmed the reputation of the Complainant. This act of the Accused is deliberate, with an ulterior motive and well planned, solely to defame and harm the reputation of the Complainant and his family in society and before the public at large.
67.That the said allegations were made with utter recklessness, and any person other than the Accused would infer that they have been made solely to defame, denigrate and slander the Complainant and to adversely affect his respect, prestige, status and standing amongst his respective segments of society and social circles, friends, relatives, colleagues and associates, and amongst members of the public at large and right-thinking members of society.
68.That all the allegations levelled by the Accused against the Complainant were made solely to damage the reputation of the Complainant, and this deliberate act of the Accused has caused grave loss to the Complainant.
69.That the Accused, with an ulterior motive and mala fide intention, has deliberately damaged the reputation of the Complainant. It is pertinent to note that the imputations made by the Accused and his actions clearly signify that he was reasonably aware that his conduct would cause harm to the reputation of the Complainant and would gravely endanger his occupation.
70.That none of the false accusations made by the Accused in his complaint or before the other residents were made in good faith, and hence the Accused is liable to be penalised.
71.That it is needful to mention that the burden of proving that the email sent by the Accused was made in good faith lies upon the Accused alone. It is humbly submitted before this Hon'ble Court that the contents of the complaint do not lead to any definitive conclusion that the same was made in good faith whatsoever.
72.That the intentional insult and imputations made by the Accused have been made with full knowledge and intention, and knowing fully well that the same are likely to cause hatred in the minds of people against the Complainant and his family.
73.That the false allegations and insinuations made by the Accused in the aforesaid allegations have lowered the Complainant and his family in the estimation of the public at large, and people have started to avoid and shun the company of the Complainant or his family.
74.That the aforesaid false aspersions cast by the Accused upon the Complainant in the aforesaid allegations have disparaged the esteem and dignity of the Complainant among the right-thinking members of society.
75.That the said defamatory contents of the email have the sole objective of causing damage to the reputation and goodwill of the Complainant, which he had earned multi-fold over the last Number of years of the Complainant's professional career years of his professional career. That in one of its landmark judgments, the Apex Court quoted a passage from the ‘Mahabharata’ to explain the importance of ‘reputation’ in a man's life.
In Kiran Bedi and Jinder Singh Vs. Committee of Inquiry AIR 1989 SC 714 it was held as under:
The following words of caution uttered by Lord of Arjun in Bhagwat Geeta with regard to dishonour or loss of reputation may usefully be quoted:
“Akirtnchapi Bhutani Kathaishyanti teavyayam,
Sambhavitasya Chakirtir Maranadatirichyate”
(Men will recount thy perpetual dishonour, and to one highly esteemed, dishonour exceedeth death)
76.That the Complainant has also filed an application seeking a direction of the Hon'ble Principal Judge to restrain the Accused from sending any emails or messages to the Employer or other members of the management at his workplace, and the same is pending adjudication before the Ld. Principal Judge, Family Courts, Location of the Family Courts.
77.That the Complainant seeks to reserve his right to pursue other appropriate legal remedies along with the filing of the present complaint.
78.That all the allegations levelled by the Accused against the Complainant were made solely to damage the reputation of the Complainant, and this deliberate act of the Accused has caused grave loss to the Complainant.
79.That a two-Judge Bench of the Hon'ble Supreme Court of India, in its landmark judgment in the matter titled “Subramanium Swamy vs Union Of India, Writ Petition (Criminal) No. 184 of 2014”, upheld the Constitutional validity of Sections 499 to 502Bracket text after Section 502 (part of ']' citation)] of the Indian Penal Code relating to criminal defamation. The Bench, comprising Justices Dipak Misra and P.C. Pant, held that the right to life under Article 21 includes the right to reputation. The Bench observed: “reputations cannot be allowed to be sullied on the anvils of free speech as free speech is not absolute. Right of life and freedom of speech have to be mutually respected”.
80.That this is not the first occasion on which the Accused has sought to defame the Complainant before his employers; she has committed the same act in the past as well, when the Accused sent a false, frivolous and malicious email to the immediate boss of the Complainant, along with all the higher officials, and in the said emails she alleged that the Complainant is a person of bad character, among other things.
81.That the emails dated Date of first email, Date of second email and Date of third email, and other mails sent by the Accused and other officials, were received at the home of the Complainant, and as the Complainant resides within the jurisdiction of this Hon'ble Court, this Court has jurisdiction to entertain the present complaint. The publication of defamatory material against a person gives rise to a cause of action only when it is made known to a third party; the place of the third party and the place where the publication is known to a third party acquire importance. Thus, this Hon'ble Court has the jurisdiction to entertain the present complaint.
82.That the Accused has thus committed the offence of defamation as defined under Section 499 read with Section 500 of the Indian Penal Code.
83.That the Accused knowingly made imputations concerning the Complainant, intending to harm, and well knowing that such imputations would harm, the reputation of the Complainant; as such, the Accused is liable to be prosecuted under Sections 499 and 500 of the Indian Penal Code.
84.That the Accused knowingly made such severe and baseless imputations concerning the Complainant, intending to disrepute the Complainant, with the full knowledge that such assertions would cause gross and severe harm to the reputation of the Complainant; as such, the Accused is liable to be prosecuted under Sections 499 and 500 of the Indian Penal Code.
85.That although the kind of damage that the actions and imputations made by the Accused have done to the reputation and hard-earned goodwill of the Complainant cannot be compensated in terms of money, the Complainant seeks to reserve his right to pursue other appropriate legal remedies along with the filing of the present complaint.
86.That the Complainant has filed a list of all relevant documents which are in the power and possession of the Complainant. The Complainant seeks liberty to file such other documents as may be found necessary at subsequent stages of the proceedings.
87.That the Complainant has filed a list of probable witnesses and reserves the right to file an additional list of witnesses if found necessary during the course of these proceedings.
PRAYER:-
In light of the facts and circumstances of the present case, it is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:
a)take cognizance of the present complaint against the Accused for commission of the offence under Section 500 of the Indian Penal Code, 1860; and/or
b)issue process against the Accused for the commission of the said offence; and/or
c)pass such other and further orders as this Hon'ble Court may deem fit in the facts and circumstances of the case and in the interest of justice.
Place of verificationCOMPLAINANT
THROUGH
DATEDCOUNSEL
VERIFICATION : -
Verified at Place of verification on this Day of verification day of Month of verification, Year of verification that the contents of the above complaint are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.
COMPLAINANT
IN THE COURT OF LD. DISTRICT AND SESSIONS JUDGE, SOUTH DISTRICT AT SAKET COURTS, NEW DELHI
CRIMINAL COMPLAINT NO. Complaint number/Complaint year.
IN THE MATTER OF:
Complainant's name….COMPLAINANT
VERSUS
Accused's name….ACCUSED
AFFIDAVIT
I, Deponent's name, aged about Deponent's age years, S/o Shri Deponent's father's name, R/o Deponent's address, do hereby solemnly affirm and declare as under:
1.That I am the Complainant in the above-mentioned case and, as such, I am conversant with the facts and circumstances of the case and hence competent to swear this affidavit.
2.That the contents of the accompanying complaint filed by the Complainant have been read over and explained to me in the vernacular language, and having understood the same, I say that the facts stated therein are true to the best of my knowledge and belief and nothing material has been concealed therefrom.
DEPONENT
VERIFICATION :-
Verified at Place of verification on this Day of verification in affidavit day of Month and year of verification. That the contents of the above Affidavit are true and correct to my knowledge, no part thereof is false, and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF Name of the court
CRIMINAL COMPLAINT NO.Complaint number/Complaint year.
IN THE MATTER OF:
Complainant's name….COMPLAINANT
VERSUS
Accused's name….ACCUSED
LIST OF DOCUMENTS
| S. No. | PARTICULARS | PAGE NO. |
Place of filingCOMPLAINANT
THROUGH
DATEDCOUNSEL
IN THE COURT OF Name of the court
CRIMINAL COMPLAINT NO.Complaint number/Complaint year.
IN THE MATTER OF:
Complainant's name….COMPLAINANT
VERSUS
Accused's name….ACCUSED
LIST OF WITNESSES
| S. No. | PARTICULARS | PAGE NO. |
Place of filingCOMPLAINANT
THROUGH
DATEDCOUNSEL
IN THE COURT OF Name of the court
CRIMINAL COMPLAINT NO.Complaint number/Complaint year.
IN THE MATTER OF:
Complainant's name….COMPLAINANT
VERSUS
Accused's name….ACCUSED
CERTIFICATE UNDER SECTION 65B OF THE INDIAN EVIDENCE ACT, 1872
1.I, Deponent's name (Section 65B certificate), aged about Deponent's age years, S/o Shri Deponent's father's name, resident of Deponent's address, do hereby state as follows:
2.I say that all the emails were printed from the computer while it was in my possession and was regularly used to store, print and retrieve the said details. I further say that the computer from which the emails sent to the complainant were printed remains in my custody, and I have lawful control over the same. The computer used for taking the printouts was, at the relevant time, operating properly, and nothing was observed that would affect the electronic record or the accuracy of its contents. The said details were in the form of an electronic record and were regularly fed into the computer in the ordinary course of activities. The process of taking a printout from the computer involves retrieving the data and giving a print command to print the same; thus, the data was printed directly, and the only human intervention was the giving of the print command. In the facts and circumstances of the case, this Certificate may be taken as sufficient compliance with Section 65B of the Indian Evidence Act, 1872.
DATE:
PLACE:
COMPLAINANT