Defamation suit
SRIPRAKASH BHATTACHARYA
(Querist) 29 September 2012
This query is : Resolved
Sometimes, during middle of 2008, 22 members of the Co-operative Housing Society wherein I reside and am a primary too distributed a paper in the letterbox of all the 264 members.
The same was duly signed and reflected their individual flat no thereon in this paper these 22 persons slandered and defamed stating that I am a party to defalcation of Rs. 57.00 lacs which took place during the year 1981(I was not a member then).
It is fact that that at that point of time Rs. 57.00 lacs was defalcated and the co-operative society was then under the administrative control of the Government of West Bengal to which I was never a party. I have documentary evidences in accordance with Indian Evidence Act, 1872 in support of my such statement. Interestingly most of these persons became members after I became a member or became a secondary members by virtue of repurchase of flats from transferors during second sale.
Since, such action of these members hurt me and defamed, I wrote to them that should they have written such letter with a sound mind,they need to owe an apology to me otherwise, I shall file a defamation suit against them. Out of 22 members, two (2) members wrote to me owing an apology. One member wrote a letter in capital letters including his name also written in capital letters, which is illegal as per law.
The rest did not bother take to say sorry or to take any action and maintained a silence. There being no other way left with me I have filed a defamation suit against these 20 members under 499 & 500 IPC at the Alipore court, Kolkata.
During the first day of appearance, the Ld. Judge released each of them them on a SECURITY bond of Rs. 5000/- as well as a SURETY BOND. After every six months these people are having to appear before the Ld. Judge and renew the same continuously. However, one of the person write to me during pend ency of the case that he did so under the pressure of some of members and requested me to take her out from the case as it is bothering him.
As per 265B of IPC / CrPC such persons, if feel to be guilty or wrong they are to submit an affidavit as said therein. But all these 20 persons suffering from EGO and through a friend of them have approached to me that I should withdraw the case. No reasons have been shown from their end for such demand nor any request in writing. I well understand their agony. I am ready to forgive, forget and even embrace them since I do not have any hatred in my heart for them. I belief in forgiveness as it gives a mental pleasure. But I feel that the a letter of request must come from them stating the reason for such demand.I also feel that I must tell the Ld. Judge that why I want not to pursue the case which is very important.
Under the circumstances, I request the Ld. advisers and scholars to guide me in this regard. An immediate reply in this regard shall be gratefully appreciated.
From:- Sriprakash Bhattacharya, Kolkata
bhattacharyasriprakash&gmail.com
Devajyoti Barman
(Expert) 30 September 2012
If you have decided to forgive them and withdraw the case then go ahead. It is not an issue.
File a petition for withdrawal of the case on non prosecution.
If the next date is far away then file such petition with put up petition and compete the formalities.
Sudhir Kumar, Advocate
(Expert) 30 September 2012
simple withdrawl or non-prosecution may land you in a case of malicious prosecution.
I do not understand what do you mean by ego of the accused when they have to file affidavit. Let them not file and get imprisoned without opposing allegations laid by you.
you have filed the defamaction case adn want to withdraw without unconditional apology. Then how do you live in the society with stigma of false accuser.
V R SHROFF
(Expert) 30 September 2012
Defamation cases are useless
However, once u filed it, must carry on.
Do not withdraw it.
Rajeev Kumar
(Expert) 30 September 2012
It is upon your decision.
K.K.Ganguly
(Expert) 30 September 2012
I do not understand why the case is being thought to be withdrawn when they have not yet tendered an apology. Why the case was filed then? Advice them to tender apology before the Court under affidavit after which you may agree withdraw the case.
Sudhir Kumar, Advocate
(Expert) 30 September 2012
agreeing with Mr Ganguly and Mr Shroff, I will add that if you want to withdraw the case abruptly without affidavit of apology then you are to be prosecuted under section 177, or few other sections of IPC.
SRIPRAKASH BHATTACHARYA
(Querist) 30 September 2012
I fully agree with Mr. Sudhir Kumar as well as Mr. K K Ganguly. I appreciate your advice and thank you for the same. I just wanted to know all of yours opinion and guidance as I am not an advocate.Whatever I have learnt it is from the books for which I am grateful to the respondents. Should they not behaved so, I would have not required to purchase books on the subject. I feel that since, I am never ever involved in any type of dishonesty why I should withdraw the petition? I find that there are two ways left with the respondents. (1) To prove as per Indian Evidence Act 1872 that I was involved in the defalcation of Rs. 57.00 lacs as said in my query alternatively (2) To submit affidavits as said in 265-B (Plea Bargaining)of IPC / CrPC. I feel that the guilty must be punished otherwise such people may go to any downwards. If on my own. I withdraw the petition, it is I who will be punished by the court. However, I am always ready to forgive and forget subject to above conditions as suggested by Shri Kumar and Ganguly.
Thyagarajan
(Expert) 01 October 2012
Since money matter is involved you get yourself cleared by the court of charges given in writing by other members. Alternatively you can withdraw the case with permission from Judge to file a fresh petition in case the 22 members file any case for recovery of the money, under dispute, from you.
