IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE, SAKET COURTS, NEW DELHI

CRIMINAL COMPLAINT NO._________/20XX

                     IN THE MATTER OF:

        XXXXX                                                                                                                                                                                                                                                  .…COMPLAINANT

VERSUS

                                  XXXXX                                                                                                                                                                                                                                                  .…ACCUSED

INDEX

Sl.No.	Particulars	Page No.
1.	Memo of Parties
2.	Complaint Under Section 199/200 of Cr.P.C, 1973 For Taking Cognizance Of, Summoning, Putting The Accused On Trial And Convicting The Accused For The Commission Of The Offences Under Section 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 65 B of Indian Evidence Act.
6.	VAKALATNAMA on behalf of Complainant

 

        Date:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       COMPLAINANT

        Place:                                                                               Through                       

                                                                                                                                                                                                                                                                                                                                                                                                                                           COUNSEL                                                                          

XXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXX

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE, SAKET COURTS, NEW DELHI

CRIMINAL COMPLAINT NO._________/20XX

 

        IN THE MATTER OF:

        XXXXX                                                                                                                                                        .…COMPLAINANT

VERSUS

        XXXXX                                                                                                                                                        .…ACCUSED

MEMO OF PARTIES

Sh. XXXXXX

S/o. XXXXXXX

R/o: XXXX                                                                                                                                                             .…Complainant

 

Versus

          Ms. XXXXXX

D/o XXXXXX      

W/o XXXXXX

R/o XXXXXXX                                                                                                                                                                …. Accused

     

                Date:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           COMPLAINANT

                Place:                                                                            Through                       

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       COUNSEL                                                                         

XXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXX

MOB:XXXXXXXXXXXXXX

EMAIL.XXXXXXXXXXXXX

 

 

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE, SAKET COURTS, NEW DELHI

CRIMINAL COMPLAINT NO._________/20XX

 

            IN THE MATTER OF:

            XXXXX                                                                                                                                                                      .…COMPLAINANT

VERSUS

            XXXXX                                                                                                                                                                   .…ACCUSED

     

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 SECTION 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 instant complaint is being filed by Complainant.

 

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 and has full faith in the law administration system. That the Complainant by way of his endeavours and bona fide actions has developed a creditability and goodwill among his social circle.    

    2.   That the Complainant and the Accused are husband and wife and got married on XXXX. After the marriage, the Complainant and Accused lived together and cohabited as husband and wife in their shared accommodation.

    3.   That the marriage of the parties was duly consummated and the parties lived/resided and co-habited as husband and wife and from the said wedlock the Complainant and Accused were blessed with two sons namely Master XXXXX and Master XXXXXX.    

    4.   That the elder son Master XXXXXXX was born on XXXX and all the expenses were borne by the Complainant and the younger son was Master XXXXXX was born on XXXX and it is important to mention here that the Complainant has all the things which is required for his children but the Accused was very adamant lady from the starting and did not care for the children and it is again important to mention here that in spite of the several litigations pending between the Complainant and Accused, the Complainant taking care of the school fees of both children. It is again important to mention here that the Complainant is all the possible things for his children in spite of the fact that the Accused did not allow him to meet his children.

    5.   That the Complainant and Accused were living separately in Delhi, Complainant and his parents resided separately at XXX, XXXX with the elder brother of the Complainant. It is needful the mention here that the Accused has put a lot of false and frivolous allegations and cases on the old and ailing parents of the Complainant, who have never stayed with the Complainant and the Accused.

    6.   That the Complainant is highly qualified and possesses degree XXXXX  and is working as Associate at XXX at XXX, XXXX.

    7.   That the Complainant is a mechanical engineer with XX years of experience in Building Service Industry. He also has an extensive experience in designing of plumbing of fire fighter services in real estates. The Complainant is also a reputed and certified trainer from XXXXXX and is also affiliated from the Institute of Engineers.

    8.   That the Complainant provided all the amenities that are required for setting up a house and running smooth life after moving to Delhi to the Accused. The Complainant gave due care, love and affection to Accused with utmost devotion, accordingly and Complainant always fulfilled the demands of the Accused without any objection.

    9.   That the Complainant had tried his level best to persuade the Accused to live peacefully with him and the children but Accused never paid any heed to this. In January 20XX Accused went to XXXXX and XXXXX leaving two small children behind for 7 days in the said period, elder son of the Complainant Master XXXXX got pneumonia and she didn’t return immediately even after being informed regarding the illness of their son.

    10.  That after the birth of the second son namely, XXXX the Complainant was forced to shift at XXXX in house of the Accused’s maternal grandmother as the in laws of the Complainant were also staying nearby in XXXX. Despite the fact that the school of elder son XXX is XX kms away from there.

11.  That the Complainant tried everything in his reach to save his marriage but nothing worked and the Complainant was thrown out of his own house by Accused.

12.  The Complainant is essentially aggrieved by irrational and erratic behaviour of the Accused.

13.  That the Accused has misappropriated cheque belonging to the Complainant  and filed the same after putting false and frivolous signature on the cheque. It is pertinent to mention here that the Accused maliciously forged the signatures of the Complainant and got the cheque dishonoured, in pursuance of which the Accused has also filed a false and frivolous complaint case under Section 138 NI Act before the Hon'ble Court at Faridabad on the ground of dishonour of cheque allegedly given in lieu of payment of arrears of Maintenance amount. It is needful to mention here that such malicious act of the Accused has been reported by the Complainant duly to the police authorities via a written complaint. The copy of the Police Complaint and the reminder letter is annexed herewith as ANNEXURE-P1(Colly.)

    14.  That the malevolent intentions of the Accused can further be deduced from the fact that the Accused has time and again changed her stance upon the facts alleged by her in multiple cases. That the changes and variation in the concocted stories elaborates the fact that the Accused is a habitual litigant with tendencies of alleging false frivolous and baseless accusations in order to extort money from the Complainant as well in order to defame the hard-earned reputation of the Complainant.

    15.  That the above-mentioned tendencies of the malafide of the Accused can be distinctly seen through the Cross Examination of the Accused in the pending case under Section 125 Cr.P.C pending adjudication before XXXXXXX. The excerpts from the cross examination dated- XXXX are reproduced herein under 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 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.

“Q. who gave you the first information that the cheque of allege arrears of amounting to Rs. XXX Lakh was given?

Ans.OnXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX. The certified copy of the Cross Examination in M. No. XXX/XXXXX pending adjudication before Ld. XXXXXX is annexed herewith as ANNEXURE P-2.

16.  That the Complainant is working currently at office XXXX, at XXX, XXXX and has worked endlessly towards attaining his post and reputation in view of his professional and personal contacts and had hopes of maintaining the same with continuous and tireless endeavours.

17.  That the Complainant has been an employee with a satisfactory performance and character and has no internal issues in the company and has never been called upon for any such things by the Human Resources Department for any uncalled issue or matter.

        18.    That the wife of the Complainant herein the Accused, XXXX through her email id “XXXXXXXXXXXXX” wrote several derogatory and threatening emails to the Complainant and at his office email id’s to XXXXXXX  tagging all the heads and director of the company where the Complainant works in CC of the false and frivolous mails and the said emails not only sent to the present office of petitioner but to the previous office also with malicious allegations against the petitioner.

        19.  That the wife of the Complainant herein the Accused wrote an email on XXXXX at around XXXX PM from her email id i.e. XXXXXXX to the email id of the Complainant at XXXXXX, and the same mail was received by the petitioner at his home at XXXXXXXXX and because of the lockdown, the petitioner was on work from home and the mails were also sent to HR of the Complainant company, where he is working as an employee in loop XXXXX at his email address on XXXXXX, containing inflammatory and defamatory content which are reproduced herein for the perusal of the Hon’ble court:-

“I would like to bring your kind knowledge that I XXXXX w/o XXXX who is working in your company as in associate position. He is living apart from family from last six years. We have completed 15 years of our arrange marriage and we have two issues with our wedlock and I am only person who is taking care of them from last six years as a single parent.

 Why I am writing this email to you because XXXX is harassing me my kids mentally socially and financially. Neither he is following the court rules nor he is responding the mails.

Reason behind this separation is his extra marital affairs with his colleagues. Not only this he has cheated his previous organization by doing their projects unofficially with the help of bribes.”

I am his wife so he was taking all the money in my accounts.

On the ground of bribe and his malafide intentions his previous companies has fired him by asking his resignation forcefully.

Today he is going through nos of litigation.

Where he and his family members on bail under two criminal cases.

125 maintenance for kids

Execution more than 15 lac

498A he and his family on bail dowry case

138 maintenance XXX lac cheques bounce and he is on bail

Child custody

Domestic violence

Suit for recovery and property partition

Suit for injunction

He is not abiding the court order honestly so I am bound to inform you all because of his this kind of behavior effecting my kid’s day to day life and their future. …. She further wrote in the same email …

If I talk on humanity grounds than its really strange to understand that a person who is not capable to keep his kids happy or can’t pay for their expenses then how can he will be a loyal person to his company.

A person who can’t manage his own family image socially than how can a company thinks he will be able to handle their image in the market.

For us he is pain in neck for me n my kids with because he is cold fish.

I will be so much thankful if you will be able to do needful for my two small kids.”     

20.    That the said email dated XXXX, was sent to email id of the Complainant and his HR of the company subjected as “[EXTERNAL] Payment request and awareness letter”. The said mail was sent by the Accused alleging that she used to receive the money in her accounts of the alleged bribery claims that she has accused Complainant of taking in his previous involvement.

21.  That Accused also stated in email sent on XXXX alleging that “on the grounds of bribery and his malafide intentions his previous companies has fired him by asking resignation forcefully.” It is pertinent to note here that serious allegations as that of bribery and misdemeanour have been put on the Complainant without having any actual concrete evidence.

22.  That the contents of the email dated XXXXX are defamatory and malicious in nature. The contents are directly targeted to tarnish the image of the Complainant. The Complainant is a professional in his field and has been working in the engineering field and has 16 years of relevant experience.

23.  That however, it is humbly submitted that the facts as 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 by way of years of hard work and the petitioner is filing the copy of emails along with the certificate of section 65 of evidence act and also petitioner reserves the right to file additional documents against the Accused as and when this orders to file the same and also the petitioner reserves the right to initiate appropriate Civil and Criminal cases against the Accused in the competent courts.

24.  That it is important to understand here that it takes years for a person to make his mark in any field of work. The accusations that have been levied upon the Complainant would give a low blow to his professional life. The accusations are false and frivolous in nature.

25.  That such allegations are so serious in nature that any person who is of a normal intellect would start questioning the character of the Complainant and hence the assassination of his character at work place would have been already started.

26.  That every individual irrespective of the litigating matters he/she is involved in has a right to work and earn his livelihood with reputation. The contents of the email have pin pointed certain aspects of the personal life of the Complainant which play no role whatsoever in deciding his professional capabilities and credibility. The story had been fully concocted to show the Complainant in bad light.

27.  That the email has also tried 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 pending litigation cases against each other in the various courts of Delhi NCR.

29.  That FIR no. XXXX was registered at XXXX, Delhi on the instance of the Accused No2 against the Complainant and his family members under section 498A/406 IPC. The case is at the stage of Prosecution Evidence and is listed next on XXXX in the Hon’ble District court of Saket. It is important to note that the Complainant or his family members whatsoever were never arrested by the investigation 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 against the Complainant by the Accused in the trial court for maintenance. The next date of hearing in that matter was on XXXX and due to the current pandemic situation, the next actual date of hearing is not known at the moment.

31.  That a complaint case under section 12 of D.V Act has also been filed against the Complainant in which the next date of hearing is XXXXX.

32.  That a complaint under section 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 on XXXX and the actual next date of hearing is unknown at the moment because of the present Covid-19 pandemic situation.

33.  That in addition to the above litigating matters the custody battle of the two kids that were born out of the wedlock of the Complainant and the Accused is also going and other numerous applications have been filed by both the parties against each other.

34.  That on XXXX Accused had sent an email to Mr. XXXXX who is handling Human Resources Department in the company where the Complainant is working as Associate. The mail consisted of malign content intending to harm the character of the Complainant. All the details mentioned in the mail are personal details of the Complainant and the Accused which are part and parcel of the ongoing litigating matters and is under the adjudication of the Hon’ble trial court.

35.  That the email dated XXXXX sent by the Accused also category tried to direct the present employer company to deduct an amount of XXXX/- from his salary and send to the Accused which is an absurd demand and not legal in nature.

36.  That Accused in her email dated XXXXX has also tried to portray the Complainant as a person incapable of working in the company. The statement read as “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 Accused in her email has called the Complainant names such as “Pain in the neck” and “cold fish”.

38.  That Mr. XXXXX who is the HR in the company where the Complainant works sent a reply to the above mail of Accused through his email id XXXXXX,  at around XXX AM on XXXX 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 provide direction in the matter as deem appropriate to the Complainants.

39.  That due to the above said evil and criminally intended act of the Accused, Complainant has become a matter of gossip and laugh among the staff of the office premises.   That the Accused has projected the Complainant as careless father but the truth is contrary as detailed and discussed in the above paragraphs.

40.  That even after getting the above mentioned reply from the company of the Complainant, the Accused did not stopped her illegitimate acts of harassing, defaming and maligned the image of the Complainant as she again mailed in the company of the Complainant and this time she crossed her all limits as she not only sent the mail to the HR Mr. XXXXXX but also to the heads officers and directors of the company in XXXXXX and in India at their respective email ids. XXXXXX at around XXX pm Accused again wrote mail from her email id i.e. XXXXXXXX and threaten the head officer and directors of the company where the Complainant is working by stating that ‘otherwise XXXXX ‘s supporters will be admissible in court u/s 120B.’ Accused has sent the above mail on the following email ids of the director of the company:

a.   XXXXX

b.   XXXXX

c.    XXXXX

d.   XXXXX

Further in the above mail dated XXXXXXX Accused asked Mr. XXXXXX asking them to share their HR policies calling 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 can create a misconception in the eyes of the employer of the Complainant. That copy of the above emails dated XXXXXX, XXXXXXX and XXXXXX are annexed herewith and marked as Annexure P3 to P5.

41.  That on the same day i.e. on XXXXXXX, the top level management conveyed their decision to the Complainant telephonically to talk to the Accused and request her not to send such mails to them, otherwise, they would have to take the matter in a utmost serious manner and Complainant somehow tried to make them understand the nature of the Accused and her efforts to trap the Complainant and further appraised the management that he already has a restraining order from the Faridabad court that Accused cannot interfere at the work place of the Complainant, then asked him to reply the same on the mail. Therefore, the Complainant sent email through his email id on XXXXXX at around XXXX pm to all the email ids as mentioned above on which Accused had sent the threatening and defamatory mail and requested the company not to reply the mails of the Accused. Copy of the mail dated XXXXXX 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 XXXXXXX had categorically restrained the Accused from interfering or visiting the work place 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 via emails with derogatory remarks, for which the Accused is also liable to be prosecuted for contempt of the 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 XXXXXXXXX,”

The 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 come to an end here. The Accused with malicious intentions again sent an email dated XXXXXX to the Complainant in which she looped in all the HR managers and the Complainant received the same at his home XXXXXXXX and the email sent by the Accused clearly demonstrates the intention of the Accused to defame the Complainant at workplace as well as in front of 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 XXXXXXXXXXXXXXXXXXXXXXX.”

The copy of the email dated XXXXXX is annexed herewith as ANNEXURE P-8.

44.  That the Complainant himself is facing hardship due to the pandemic of Covid19, and Accused creating so many problems to the life of Complainant by way of filing false, frivolous mails, false cases, false complaint case U/s 138 NI Act, etc, and it is also important to mention here that the maintenance of Accused was stopped by Ld. Principal Judge, Family Court, Saket, Delhi, which shows the conduct of the Accused and she is deliberately again and again tried to trap the Complainant with evil motive

45.  That the Emails so made by the Accused is targeted mainly to bring shame to the name of the Complainant and has been made in the absence of any cause of action whatsoever.

46.  That however, it is humbly submitted that the facts as alleged by the Accused in the said complaint are utterly false and were aimed at causing hurt to the standing that the Complainant had earned by way of years of hard work.

47.  That it is humbly submitted that the Accused had blown the facts out of proportion and had maliciously picked the Complainant with certain subtle undisclosed grudge against the Complainant to malign his image and aimed at character assassination by lowering his prestige by maliciously entangling his name.

48.  That the Accused has caused immense damage and has tarnished the reputation of the Complainant with certain ulterior motives calculated to defame and cause disrepute in the Society at Large and a public at large by filling such complaint the aforesaid defamatory statement in highly reckless manner

49.  That the imputations were false, defamatory in nature and lacking in good faith. The said imputation were made maliciously and with utter recklessness where the Accused had the knowledge or the reason to believe that they were untrue, absolutely without foundation, and that the same would harm the reputation of the Complainant lowering his and in fact lowered his reputation amongst others in the estimation of business colleagues, members of the public at large and right thinking members of the society. The said imputations were made by the Accused without verifying its correctness thereof, were devoid of due care attention and inquiry which they all were enjoined to do so but wilfully failed to do so. The said imputations lacked honesty of purpose and made to harm the reputation of the Complainant there being conscious violation of law with themselves acting without any sense of responsibility, prudence, propriety, care and caution. To say the least the said imputations were totally irresponsible, actuated by ill-will, malice, improper motive and for collateral consideration.

50.  That the said imputations lacked honesty of purpose and made to harm the reputation of the Complainant, there being conscious violation of law with themselves acting without any sense of responsibility, prudence, propriety, care and caution. To say the least the said imputations were totally irresponsible, actuated by ill-will, malice, improper motive and for collateral consideration.

51.  That it is submitted that post the acts of the Accused against the Complainant by levelling false accusation, the Accused has caused a severe injury to the reputation of the Complainant.

52.  That the Accused deliberately levelled false allegations against the Complainant to tarnish the image of the Complainant in the society at large. Accused is threatening the Complainant to send various false emails to the friends of the Complainant to defame the Complainant.

53.  That the said defamatory allegations which are sufficient to lower down the image of the Complainant in the eyes of society / general public at large and same has been deliberately put before the Hon’ble Court and thereafter circulating it amongst the common friends of the Complainant to enable various persons to read over the defamatory contents thereof, wherein besides other false, fabricated and defamatory allegations, certain relevant portions containing utmost defamatory language.

54.  That due to the above false allegations placed by the Accused before the court as well as communicated to the public at large, the Complainant has to undergo a lot of embracement in the society and workplace.

55.  That the allegations put forward by the Accused in the application stating that aforesaid allegations have created a stir in the friends' circle of the Complainant

56.  That the Accused intentionally committed the act to insult and cause damage to the reputation and goodwill of Complainant and his family.

57.  That 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 and tarnished his reputation and cast aspersions on his character with certain ulterior motives calculated to defame and cause his disrepute in the eyes of the society and public at large by the by filling such averments the aforesaid defamatory statement in a highly reckless manner

59.  That the Complainant further submits that the allegation of unhealthy behavior and relating to the personal life of the Complainant as leveled by the Accused contains certain utterly false, scurrilous, derogatory, disparaging, slanderous and highly per se defamatory statements, unsubstantiated by cogent and irrefutable evidence. The Complainant further states that those contents have been made by the Accused simply to defame, derogate and humiliate Complainant and family amongst her social circle, society at large out of the certain grudge, envy, jealousy with dishonest, malicious and mischievous intention to cause wrongful loss to the Complainant and to lower his reputation and to tarnish his and his family’s good-will in the society, both domestic and overseas.

 

60.  That Complainant respectfully further states that the allegations as leveled 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 where he had an apparent reason to believe that the same were untrue, absolutely without foundation and that the same would harm the reputation of the Complainant lowering his reputation and that the said imputations in-fact lowered the goodwill of the Complainant amongst others in the estimation of business colleagues, members of the public at large and right-thinking members of the society. The said imputations were made by the Accused without verifying its correctness thereof, were devoid of due care attention and inquiry which they all were enjoined to do so but willfully failed to do so. The said imputations lacked honesty of purpose and made to harm the reputation of Complainant there being a conscious violation of law with Himself acting without any sense of responsibility, prudence, propriety, care and caution. To say the least, The said imputations were irresponsible, actuated by ill-will, malice, improper motive and for collateral consideration.

 

63.  That due to the said imputations, its communication and dissemination its prestige, credit and reputation of Complainant was grossly undermined, jeopardized and damaged causing him to be regarded with feelings of hatred, contempt, ridicule, derision, dislike, disgraceful conduct and disesteem amongst the member of the society, community and public. The said imputations also injured the feelings of Complainant and his family members causing his 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 as 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 extremely delicate and a cherished value of this side of the grave. It 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 prospective that the Complainant had for success in his future. That the Accused has acted in a grossly callous manner and has caused a severe assassination of the character of the Complainant.

 

 

66.   That the act of the Accused has caused valuable damage to the reputation of the Complainant and has harmed the reputation of the Complainant and this act of the Accused is deliberate with an ulterior motive and very well planned just to defame, and harm the reputation of the Complainant and him family in the society, the public at large.

 

67.  That these allegations were made with utter recklessness and anyone except the Accused would infer that these have been made just to defame, denigrate slander and adversely affect the respect, prestige, status standing, and so on and amongst their respective segments of society and social circles, friends, relatives, colleagues and associate and members of the public at large and right-thinking members of the society.

 

68.  That all the allegation levied by the Accused against the Complainant were just to damage the reputation of the Complainant and this deliberate act by the Accused had caused a great loss to the Complainant.

 

69.  That Accused with an ulterior motive and malafide intention deliberately damaged the reputation of the Complainant. It is pertinent to note that the imputations made by the Accused and his actions clearly signify the fact 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 as made by the Accused in his Complaint or before the other residents were made in good faith and are hence the Accused is liable to be penalized.

 

71.  That it is needful to mention that the burden of proof that the email as made by the Accused was made in good faith lies on the Accused alone. It is humbly submitted before this Hon'ble Court that the factum of the complaint cannot draw a definitive conclusion that the same was made in any good faith whatsoever.

 

72.  That the intentional insult and imputation made by the Accused has been made with full knowledge and intention and knowingly fully well that the same is likely to cause hatred in the minds of people for Complainant and his family.

 

73.  That the false allegation and insinuations made by the Accused in the aforesaid allegation have lowered the Complainant and his family in the estimation of the public at large and the 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 allegation have disparaged the esteem and dignity of the Complainant among the right-thinking people of the society.

 

 

75.  That the said defamatory contents of the email have a sole objective just to cause damage to the reputation and goodwill of the Complainant, which he had gained multi-fold in last 16 years of his professional career. That in one of the landmark judgments, the apex court mentioned the quote from the ‘Mahabharat’ to explain the importance of ‘Reputation’ in 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 usually be quote:

“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 also filed an application seeking direction of the Hon'ble Principal Judge to restrain the Accused from sending any emails or messages to the Employer or other management members at his work place and the same is pending adjudication before the Ld. Principal Judge, Family Courts, Saket, New Delhi.

 

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 allegation levied by the Accused against the Complainant were just to damage the reputation of the Complainant and this deliberate act by the Accused had caused a great loss to the Complainant.

 

79.  That a two Judge Bench of the Hon'ble Supreme Court of India
enunciated in its landmark judgment in matter titled “Subramanium Swamy vs Union Of India, Writ Petition (Criminal) No. 184 of 2014” upheld the Constitutional Validity of Sections 499 to 502[ [Chapter XXI]] of Indian Penal Code  relating to Criminal Defamation. The Bench comprising of Justices Dipak Misra and PC. Pant held that the right to Life under Article 21 includes right to reputation. the bench said “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 time, when Accused trying to defame the Complainant before his employers but also, she has done the same act in the past also, when Accused sent the false, frivolous, malicious email to the immediate boss of Complainant along with all the higher officials and in the mails, she alleged that Complainant is bad character person etc.

81.  That the emails dated-XXXXX, XXXXXX, XXXXXX and other mails sent by the Accused and the other officials of the petitioner were received by the Accused at his home and as the Complainant resides within the Jurisdiction of this Hon’ble Court. The publication of defamatory material against a person gives rise to a cause of action only when it is made known to the third party. The place of the third party and the place where it is known to a third party gains importance. Thus this Hon'ble Court has the jurisdiction to entertain the present complaint.

  82.That the Accused has thus committed the offence defamation as defined under Section 499 read with 500 of Indian Penal Code.

 

83.That the Accused knowingly made imputation concerning the complainant intending to harm the reputation of the complainant well knowing that such imputation would harm, the reputation of the complainant as such Accused is liable to be prosecuted under section 499 and 500 of Indian Penal Code.

 

84.That the Accused has knowingly made such severe and bogus 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 section 499 and 500 of Indian Penal Code.

85.That even though the kind of damage that the actions and imputations as made by the Accused 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.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 the subsequent stages of proceedings.

 

    87.The complainant has filed a list of probable witnesses and reserves its 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 most humbly prayed that this Hon’ble Court be pleased to:

a)                 To take cognizance of the present complaint against the Accused for commission of offence under section 500 of Indian Penal Code, 1860; and/or

b)                To issue process against the Accused for the commission of the said offence; and/or

c)                 To pass such other and further orders as this Hon'ble Court may deem fit in the facts and circumstances of the case and as well as in the interest of justice.

 

 

DELHI                                                                                                                                                                   COMPLAINANT

THROUGH

DATED                                                                                                                                                                  COUNSEL                         

 

VERIFICATION : -

Verified at Delhi on this ___ day of September, 20XX 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 there from.

                                                                                                                                                                                            COMPLAINANT