Defamation case under section 499
A man has very wrongly written a complaint to my Company that I have done a henious srime and drafted a serial type story to show the modus oprandi. He has not taken any legal recourse like complaining to police at that time as he himself know that once it is investigated, he cant point fingers at me as I am innocent.
As he trsted my integrity I messaged him "Uncle I had come to know that You have become the investigatiing officer for the would be released CD of Oomenchandy. I am privileged to have ineractions with you"
Can a defamtion case be filed for this. Where as he has filed a defamtion case against me for this.
May kindly advise me the couce of actions i should resort.
Asked 2 years ago in Criminal Law from Greater Mumbai, Maharashtra
offence of defamation committed by publishing any defamatory material against a person. your question is little bit of unclear. If you state some more details then we can give good advice.
If he files defamation case and you have evidence to show that statement is true or in the interest of public to expose it or made in good faith then no such offence has been committed.
Contact a good advocate of your city. defamation is an bailable offence so advocate will assist you to get bail at the instance of case.
You have a very strong case against him.
Especially the imputations made against you are per se defamatory.
You can file a defamation case in the criminal law and also file a defamation suit in the civil law seeking compensation for the mental loss and turmoil.
You can file a injunction suit also against him seeking restraint from interfering into personal life affairs.
1. You can file a case for defamation against the author of the complaint addressed to your company if he has no evidence to prove the allegations made in it. Civil remedy to recover compensation from can also be simultaneously adopted.
2. In so far as the complaint lodged against you is concerned your uncle can succeed only if he can prove that he has suffered a loss of reputation. From the tone and tenor of the message it seems that the message was sent in a lighter vein without any intent to harm his reputation. You can thus move the HC to quash the case.