1996 CRI. L. J. 2435 ::(1996) Mad LJ(Cri) 59 ::1996 (3) RecCriR 471 ::1996 (1) Crimes 586 ::(1996) 1 EastCriC 636 ::(1996) 1 CTC 187 (MAD) ::1996 (1) CTC 187

Madras High Court

Hon'ble Judge(s): Shivappa , J

Penal Code (45 of 1860) , S.500, S.499 Exception 9— Defamation - Advocate issuing reply notice on instruction of his client - His action was bona fide and in good faith - He had no motive or private malice to harm reputation of complainant - His action falls within Exception IX to S. 499 - Complaint under S. 500 against him on basis of averments in notice - Quashed. Criminal P.C. (2 of 1974) , S.482— In the instant case the petitioner in his capacity as an Advocate and in discharging his professional duties on the instructions of his client, incorporated the averments made in the earlier proceedings initiated for divorce and when he had acted on the instructions of his client, his acts are bona fide and he cannot be fastened with criminal liability and if the act of the counsel does not come within the Exception IX to Section 499 of the Penal-Code, then no counsel could possibly discharge his duty to his client. This is a case, where there are no averments against the petitioner that he had any motive or private malice to harm the reputation of the complainant. The process of the Court cannot be invoked for any oblique purpose and that too, where in the opinion of the Court the chances of an ultimate conviction is bleak. The action of the petitioner in issuing the reply notice on instructions of his client herein is bona fide and in good faith....