Accused u/s 499 cr.pc
N.Sharma
(Querist) 21 October 2013
This query is : Resolved
Sir,
Longback in 2006, we entered into a contract with one author to publish his book. written Agreement was done and his friend was signatory to the agreement. He sent his photograph to be printed on the book by email after two weeks. The book was published in 30-40 days. Few days after we came to know that the author has got his book published by some one else with our ISBN mentioned on it. We sent letters/notices to author, publisher and photocomposer (i.e. all the three addresses mentioned on the book), No one replied. Again the notices were sent (no deflamatory or derogatory languge used in the letters) again no reply was made. We gave complaint to the police, who failed to trace the publisher, author said I purchased the ISBN by paying cash without any receipt. And photocomoposer said I have filed the case against us in the court. Police close the case saying matter is subjudice. We wrote letters to higher authorities, who started the enquiry against the author, but suspended it when he wrote the matter is subjudice.
The photocomposer file cases (1) u/s 499 for defamation (2) Recovery of Rs. three lakh as business loss (3) A case against the institution where it was doing business for cancelling of contract with us as a party in 2007.
We filed a case against the author, institute where books were supplied and publisher, for demages our advocate forgot to file original contract and hence we lost the case. An appeal is pending in the session court.
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Our question is why and how a photocomposer can file cases against us when we done what is our right to stop the sale of illegally produced book. interestingly later on we came to know the husband of photocomposer is signatory to our agreement as well as publisher of illegally produce book and payment from the institute made by cheque goes to his account.
We are now made accused in the 499 CrPC case of defamation and evidences etc. procedure to be follow now.
What are the prospects and remedies for us as we never do any thing wrong nor any derogatory or abusive language every written in our notices/letters.
Please guide us with your expert views. And what are available remedies if we convict without any fault of us.
Raj Kumar Makkad
(Expert) 21 October 2013
If you have not done wrong then contest the complaint filed by photocomposer and prove him wrong especially by producing the copy of the agreement at the time of defence evidence.
N.Sharma
(Querist) 22 October 2013
We are trying to do so. But we are surprised how the judge first passed judgement for prima-facie case on the complaint of photocomposer without hearing us and then trial has been ordered now when every thing is clear and he can see the language of our letters and reasons for sending it. We have not given anything to say till now. Now evidences will be given by complainant.
Thyagarajan
(Expert) 22 October 2013
You have mentioned the book has been published illegally. Have you mentioned in any letter to the parties concerned
"you have published the book illegally"?
May be that letter prompted the parties to filing a case saying that you have named them those doing illegal things.
However Judges view the terms used as per circumstances in which they are uttered and decide the case accordingly.
Pursue the case.
N.Sharma
(Querist) 23 October 2013
Yes, we clearly said the book is illegally produced by the publisher and ask for his role in the whole episode, but they never replied. We never allege them that they have done any thing wrong, just want to know their reply.
We are persuing the case..
