Prayer in Crl.The accused is Ex.Another letter namely Ex.P3 dated 07.03.2001 purported to have been sent by the accused in the complaint is also stated to have contained similar defamatory remarks against the complainant school authorities.It is urged by the complainant that these letters contained words of defamatory in nature which would lower the reputation of the school in the eyes of the authorities and the public and that it is an actionable wrong.5 [B] As far as document Ex.Geoffery K.Francis .. Respondent in Crl.A.Nos.840 & 841 of 2004/ Petitioner in Crl.RC Nos.153 & 154 of 2007 Prayer in Crl.A.Nos.840 & 841 of 2004 : Appeal filed under section 378 Cr.P.C., against the order of acquittal dated 14.06.2004 passed in C.C.Nos.9370 of 2001 & 7469 of 2002 by the learned II Metropolitan Magistrates' Court, Egmore, Chennai.For Appellant : Mr.N.D.Bahety For Respondent : Mr.Adrian D. Rozario COMMON JUDGMENT The following are the allegations contained in the complaint laid by the complainant, namely School Association (in C.C.No.7469 of 2002) 1 [A] The complainant is an Association registered under the Tamil Nadu Societies Registration Act and governing body running, managing and administrating the schools and properties of the trust of Doveton Institution at Ritherdon Road, Vepery, Chennai  600 007 and that these schools and institutions are one of the premier, renown, reputed and respected schools and institutions of the City of Chennai and especially in the area of Vepe ry in Chennai, that the accused is the Ex.M.L.A. (nominated) of Tamil Nadu, the President of the Friends-In-Need Society in No.29, Poonamallee High Road, Chennai  600 003, the President-in-Chief of The Anglo-Indian Association of Southern India and alleged Member of the State Board of Anglo Indian Education, Member of the Senate of the Madras University and a Self-styled recognized educationist of 27 years standing, that the accused is in no way connected with the complainant and is also not a member of its Association.1[B] Right from 1997 onwards the accused has, besides others been deliberately defaming the complainant by lodging one complaint after another against the complainant, especially regarding the collection of massive donations, amassing of unaccounted money, misappropriation, corruption of its Board members, various irregularities, etc., that as against these false and fraudulent accusations, the complainant has already filed C.S.No.375 of 2001 in the High Court of Madras for declaration and injunction, and also C.C.No.9370 of 2011 for defamation, etc. on the file of the Learned II Metropolitan Magistrates' Court at Egmore, Chennai, both of which are still pending, that in spite of the pendency of these legal proceedings, the accused has once again defamed the complainant by his letter dt.22.11.2001 written to the Inspector of Anglo-Indian Schools with copies thereof marked to various other statutory authorities and others including the complainant, inter alia once again defamatorily falsely alleging and accusing that the complainant is unauthorisedly collecting funds, compelling students to donate, etc. which even to the knowledge of the accused are totally false, without ay basis or supported by any iota of proof or substance, that this has been resorted to by the accused without any official authority or authorisation whatsoever from any Board or Committee, and also without any locus standi whatsoever, that as a result of this, the accused has been put to gross harm, damage and humiliation thereby per se defamng the complainant and causing damage and disrepute to its fair name and reputation not only with the Government bodies and authorities but also in and with the parents and the public at large, with the MLA and others enquiring into the matter, though finding no basis and substance in the said complaint of the accused, that the accused has for the second time once again committed the offence punishable under Section 500 of IPC per se defaming the complainant Section 503 of criminal intimidation and Section 505(2) Statements creating or promoting enmity, hatred or ill-will between classes, etc. and hence, the complaint is filed.Following are the allegations contained in the complaint laid by the complainant, namely School Association (in C.C.No.9370 of 2002) -2[A] Apart from the allegations contained in the complainant laid by the complainant in C.C.No.7469 of 2002, it is also alleged that the complaints have been lodged with the Government of Tamil Nadu, the Director of School Education, the Inspector of Anglo-Indian Schools, the Income Tax Department, the Registrar of Societies to and with the press, public platforms, nominated Anglo-Indian Member of Parliament, nominated Anglo-Indian MLA of Tamil Nadu, etc., though after due inquiry, personal inspection and verification of the records of the complainant, by the orders of the Court, that all these allegations and accusations have been proved to be false, fraudulent, futile and naught.2[B] Considering the fact that the accused was a reputed and honoured representative of the Anglo-Indian community, the complainant had not taken any steps or measures against the accused earlier, other than issuing notices through its Advocate, that bolden by the earlier inaction of the complainant over the said false, frivolous and futile complainants earlier filed, the accused though without any locus standi whatsoever with gross impunity, continuing to defame the complainant falsely accusing it of collecting massive donations, amassing unaccounted money, misappropriation and misapplication of funds and resources, various irregularities, etc. thereby per se defaming the complainant and causing damage and disrepute to its fair name and reputation, that first on 07.11.2000 and then again on 16.11.2000, the Headmaster of the complainant's Boys School had written letters to the mother and natural guardian of Mr.Sheik Wasim a student studying in STD VIA calling upon her to pay the balance of the donation payable towards the admission of the said child, that inadvertent use of the word donation became the cause of a complaint dt.23.1.2001 filed by the Member of Parliament with the Inspector of Anglo-Indian Schools, Chennai who by its letter dt.25.1.2001 called for an explanation from the complainant and to which an explanation dt.29.1.2001 was also given, and where after a personal inspection was also made by the said inspector, who found that no donations had been actually and factually collected by the complainant, that the use of the said word by the Headmaster was only out of inadvertence whereas the balance amount payable was only towards the building fees and not towards donation, that in as much as the fees for Anglo-Indian children is being reimbursed by the Government and in order not to be caught as cheating the Government, the complainant by its letter dt.30.1.2001 called upon Mrs.Louisa Fayaz to submit her marriage certificate and the copy of which was also submitted by her, that the finding from the said marriage certificate that the said Mrs.Louisa Fayaz had actually converted to Islam and had also changed her name to Suraiya Fayaz and had ceased to even be a Christian much less an Anglo-Indian, the complainant by its letter dt.09.02.2001 called upon her to give her explanation thereto as to why her son should not be removed from the rolls of the school for having made a false representation for the sake of getting admission, that the said Louisa Fayaz by her letters dt.05.02.2001 and 06.02.2001 pleaded of her having been misguided by the accused and the Member of Parliament and called upon the Christian charity and benevolence of the complainant for the continuation of the studies of her son in the school, that surprisingly a reply dt.12.2.2001 was received by the complainant from the accused, besides others once again not only interfering with the internal management and affairs of the complainant further defaming the complainant of collecting massive donations, amassing unaccounted money, misappropriation and misapplication of funds and resources, various and numerous irregularities, etc. inspite of the fact that the accused had no locus standi, that to this a reply dt.17.2.2001 was given by the complainant, and to which a rejoinder dt.07.03.2001 was again given by the accused, once again not only per se defaming the complainant of collecting massive donations but also calling and accusing the complainant's advocate as being one who ".... hold the school to ransom through his devious and vicious techniques just to milk the school and to continue to drink the blood of the Anglo-Indian community by applying devious tactics..." and being "a third rate lawyer", that the accused has committed the offence punishable under the IPC Section 500 of per se defaming the complainant, Section 503 of Criminal intimidation and Section 505 (2) statements creating or promoting enmity, hatred or ill-will between classes, etc. and hence, the complaint is filed.After the complainant's evidence was over, the accused was questioned under Section 313 Cr.P.C. as regards incriminating materials available against him in complainant's evidence.He denied the complicity to the offences.He did not examine any witness not had he marked any documents.After analysing the evidence on record, the learned II Metropolitan.Magistrate, Egmore, Chennai found the accused not guilty under Sections 505 (2) IPC.As far as the charges against the accused under Sections 503 and 505 (2) IPC are concerned, it is held that there are no materials to show that the accused committed the offences of intimidation and the mischief done by the accused has no value at all and he was acquitted under Section 248 (1) Cr.P.C. As far as the charge against the accused under Section 500 IPC, the accused was found guilty and sentenced to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for three months in each of the cases.The accused preferred C.A.Nos.283 and 284 of 2004 on the file of the II Metropolitan Magistrate, Egmore, Chennai.The learned Appellate Judge, after considering the materials, confirmed the conviction and dismissed the appeals.Hence, the accused has preferred the revision in Crl.A.Nos.840 & 841 of 2004 before this court.Since all the matters are interconnected, this common judgment is rendered.The points for consideration which has arisen in this case are -[2] Whether the acquittal of the accused under Section 503 IPC is proper in both complaints ?Point 1 :-5[A] The complainant School is one among the premier, renowned, reputed and respected schools and institutions of the City of Chennai.MLA (nominated) of Tamil Nadu who is also holding the position as the President of The Friends-In-Need Society, Chennai, President-in-Chief of The Anglo-Indian Association of Southern India, Chennai and alleged Member of the State Board of Anglo-Indian Education, Member of the Senate of the Madras University as well.The letter emanated from the accused on 12.02.2001 marked as Ex.P2 in which the accused has questioned the attitude of the School Authority to collect donation / fees from the students which is reportedly not authorised.It is the contention of the complainant that this letter contains defamatory remarks against the school.Hence, it could be easily understood that Ex.P4 postal cover should have contained the original letter of Ex.The appellant also filed affidavit in support of his applications.The xerox copy of Ex.This point is answered as indicated.

Cited provisions: Section 500 in The Indian Penal Code