CRL.P/8404/2019 of M/S FIRST CHOICE ADVERTISING Vs M/S MATHRUBHUMI PRINTING AND PUBLISHING CO .LTD on 10 September 2026

ORAL ORDER

Heard learned counsel appearing for the petitioners and learned counsel appearing for the respondent.

2. In the proceedings in C.C.No.20088/2017, an application is filed under Section 311 of Cr.P.C. seeking permission to lead evidence and the same was rejected vide

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order dated 05.09.2019 i.e., in respect of leading evidence by the accused. Once again, an application is filed before the Court to examine the Indian Newspaper Society. The Trial Court rejected the said application on the ground that earlier when the prayer was made by the accused, it was rejected and the same was not challenged. But, after filing of Crl.P.No.8383/2019, another petition is filed in Crl.P.No.8404/2019 challenging the order dated 05.09.2019 and Crl.P.No.8383/2019 is filed challenging the order dated 16.10.2019.

3. Learned counsel appearing for the petitioners would submit that very examination of the petitioners is necessary, in order to substantiate the case of the petitioners.

4. Per contra, learned counsel appearing for the respondent would submit that Trial Court rightly observed that the accused has not led evidence and after rejection of the first application, one more application is filed and only with an intention to protract the proceedings, the second application is filed.

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5. Having heard learned counsel appearing for the petitioners and learned counsel appearing for the respondent, and now both the orders have been challenged before this Court and it has to be noted that C.C.No.20088/2017 is of the year 2017 and orders were passed in 2019 and if an opportunity is given to the petitioners herein to substantiate their defence before the Trial Court, no prejudice would be caused to the respondent. However, this Court can take note of the fact that matter has already been pending for a period of seven years after filing of this petition and complainant could not get the relief before the Trial Court for almost a decade by filing the complaint.

6. When such being the case, it is appropriate to permit the petitioners to lead evidence and also to examine Indian Newspaper Society voluntarily before the Trial Court, since already process is taken before the Trial Court. Hence, with a condition to examine the petitioners/accused on the next date of hearing without seeking any adjournment and thereafter, take hand summons from the Trial Court to summon the Indian Newspaper Society and lead the evidence within 21

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days from the date of examination of the accused before the Trial Court. The Trial Court is also directed to dispose of the matter within three months of recording the evidence of Indian Newspaper Society and learned counsel appearing for the petitioners is directed to assist the Trial Court in disposal of the matter within a time bound period. The Trial Court is also directed to dispose of the matter within the time bound period as stipulated by this Court, since almost a decade have been elapsed.

7. In view of the discussion made above, I pass the following:

ORDER

(i) The criminal petitions are allowed on cost of Rs.5,000/- each payable before the Trial Court on the next date of hearing without fail.

(ii) Out of the cost, an amount of Rs.4,000/- each shall be payable in favour of the respondent-complainant. The remaining amount of Rs.2,000/- shall vest with the State.

(iii) The Registry is directed to communicate this order, forthwith to the Trial Court for the time

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bound disposal as observed hereinabove and so also, the respective counsels are also directed to produce copy of the order, forthwith before the Trial Court without delay.

Sd/- (H.P.SANDESH) JUDGE

ST List No.: 1 Sl No.: 18