Case Note & Summary
The applicants, Future Generali India Life Insurance Company Limited and its officers, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging the order dated 28/01/2013 passed by the Judicial Magistrate First Class, Nagpur, issuing process against them for the offence punishable under Section 500 of the Indian Penal Code (IPC), and the judgment and order dated 22/01/2019 passed by the District Judge-5 and Additional Sessions Judge, Nagpur, dismissing their revision application and confirming the said order. The non-applicant, Partha Sarathy Sarkar, was an employee of the applicant company working as General Manager. He was informed vide letter dated 08/02/2011 that his services were no longer required and he was asked not to report for duty from 09/02/2011. The termination letter did not specify any reason or violation of service terms. The non-applicant filed a Special Civil Suit No.69 of 2012 against the company and its officers for declaration and damages. Subsequently, he filed a criminal complaint alleging that the termination letter was defamatory and that the applicants had committed defamation under Section 500 IPC. The Magistrate issued process against the applicants. The applicants challenged the issuance of process by filing a revision before the Sessions Court, which was dismissed. Hence, the applicants approached the High Court under Section 482 CrPC. The High Court examined the contents of the termination letter and held that the letter was a privileged communication sent by the employer to the employee in the ordinary course of business and in discharge of official duties. The letter was not published to any third party and was sent in good faith. Therefore, no offence under Section 500 IPC was made out. The court further held that the continuation of criminal proceedings would be an abuse of process of court. Consequently, the High Court allowed the application, quashed the order issuing process dated 28/01/2013 and the judgment of the Sessions Court dated 22/01/2019, and discharged the applicants from the criminal proceedings.
Headnote
A) Criminal Law - Defamation - Section 500 IPC - Privileged Communication - Termination letter sent by employer to employee in the ordinary course of business and in discharge of official duties is a privileged communication and does not constitute defamation - Held that the letter was not published to any third party and was sent in good faith, hence no offence under Section 500 IPC is made out (Paras 10-12). B) Criminal Procedure - Quashing of Proceedings - Section 482 CrPC - Abuse of Process - Where the allegations in the complaint do not disclose any offence and the proceedings are manifestly frivolous or vexatious, the High Court may quash the proceedings to prevent abuse of process of court - Held that the continuation of proceedings would be an abuse of process and the same are quashed (Paras 13-14).
Issue of Consideration
Whether the letter of termination dated 08/02/2011 sent by the company to the employee constitutes defamation under Section 500 IPC, and whether the criminal proceedings initiated on the basis of such letter are liable to be quashed under Section 482 CrPC.
Final Decision
The High Court allowed the application, quashed the order issuing process dated 28/01/2013 passed by the Judicial Magistrate First Class, Nagpur, and the judgment and order dated 22/01/2019 passed by the District Judge-5 and Additional Sessions Judge, Nagpur, and discharged the applicants from the criminal proceedings.
Law Points
- Criminal defamation
- Section 500 IPC
- privileged communication
- good faith
- discharge of official duties
- quashing of criminal proceedings
- Section 482 CrPC
