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SMM Magistrate issues notices to Editor of Hindi daily in defamation complaint

JAMMU: The Special Municipal Mobile Magistrate Jammu Mr V S Bhau issued Notice to Mr Vijay Kumar Sachdeva Editor and Publisher of Daily Hindi Newspaper AMAR UJALA  in a defamation complaint filed by one S Daljeet Singh, Manager Jammu Central Cooperative Bank Ltd under sections 500, 501 and 502 RPC. The complaint was filed through his counsel Mr A K Sawhney Advocate and associates.

JAMMU: The Special Municipal Mobile Magistrate Jammu Mr V S Bhau issued Notice to Mr Vijay Kumar Sachdeva Editor and Publisher of Daily Hindi Newspaper AMAR UJALA  in a defamation complaint filed by one S Daljeet Singh, Manager Jammu Central Cooperative Bank Ltd under sections 500, 501 and 502 RPC. The complaint was filed through his counsel Mr A K Sawhney Advocate and associates.

Judge V S Bhau after hearing the submissions of the counsel for the complainant observed as follows: …"The main thrust area of allegations indicated in the complaint emerges in Para No. 8 & 9 of the complaint wherein it has been alleged that accused with criminal intention started character assassination and virtually launched vilification complaint against the complainant by publication in their newspaper “Amar Ujala” in issued dated 12-1-2012 and has made sweeping remarks against the complainant under the heading “Bank Mai Dhokhadhari Par Reserve Bank Ghambir”.

The extract of the news item, which emerged in “Amar Ujala” of 12-1-2012 have been reproduced and allegations projected in the news by the accused is pre-se defamatory and there is not even an iota of truth in the same and the other imputations attributed to the complaint by accused emerge in Para No. 8 & 9 of the complaint that complaint manager had given loan to a person on fake signatures of his wife and the Reserve Bank of India has sought report from the JCC Bank head office Ltd. Viz a Viz the proceedings against the complaint. It has been said in the report that the MD of the complainant Bank i.e MD of JCC Bank Ltd. has ordered a punishment of stopping promotion of the complainant for 2 years.

The said report has damaged the respect and prestige of the complaint. That neither the complaint has been demoted or promotion for 2 years, and such news is creating a sort of hysteria in the minds of the readers and the relatives and family of the complaint. The allegations are serious in nature and imputable to the reputation, image and status of the complaint and has been designed with a motive to lower down the image reputation & status of the complaint in estimation of general public wherein he commands highest respect and God fearing person and a Manager of Jammu Central Coop. Ltd. Since 1988 and is also a religious teacher, and Chairman of Mardana Gurmat Sangeet Vidyalaya and is also member of Sarv Sangat Kirtan schools at Ramgarh and Vijaypur where the children are given training for Kirtan without any fees is prominent citizen allegations alleged by the complaint have been totally false, frivolous without any basis to the knowledge of the accused person and accused is a printer, editor publisher, seller of the newspaper and the imputation in the news item has been printed to lower the reputation of the complaint by attributing him disgraceful conduct dishonesty crime etc. and publication are not for the benefit of the public but to harm the complaint. The accused is the editor, printer and publisher of the newspaper, dated 12th January 2012 has further sold that said newspaper in the market and widely circulated the same…."

The Court further observed.." I have given my thoughtful consideration to the allegations, pre cognizance evidence and annexure placed on record and presumably at the outset it can be safely inferred that accused published the news item imputing the reputation of the complaint by false allegations with criminal intention and accused being the editor, printer, publisher of the newspaper, date 12th Jan. 2012 and further sold the said newspaper in the market and widely circulated the same so complicity of all the accused at the outset is disclosed and there is sufficient material to proceed against the accused for the alleged offences. Cognizance, therefore against accused is taken u/ss 500/501/502 RPC. Since all the offences are triable in summary manner as summons case I deem it proper to issue summon against the accused. Office to issue summons against accused and same be sent to S.O Tamilat of Pr. Distt Court, Jammu for getting served on accused…."

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