IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2185 OF 2006 CRIMINAL APPLICATION NO. 2185 OF 2006 CRIMINAL APPLICATION NO. 2185 OF 2006 Vijayrajaji S. Dhumavat ...Applicant (Orig.Complainant) vs. The Suvidhinath Maharaj Jain Temple Trust & Ors. ...Respondents (Respt.Nos.1 to 8 Orig.Accused Nos.1 to 8) Ms.Revati-Mohite Dere for the Applicant. Mr.P.A. Pol, APP for the State. Mr.Inderpal Singh i/b. M/s.Almt Legal for Respondent Nos.1 to 7. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : OCTOBER 14, 2008 DATED : OCTOBER 14, 2008 DATED : OCTOBER 14, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. By order dated 16th October, 2007, notice was issued to the respondents and it was specifically mentioned in the said order that notice was issued only for the purpose of making an attempt to resolve differences and misunderstanding created between the parties. - 2 - 3. Counsel for the respondents submits that the respondents are not willing to offer any apology to the applicant herein. 4. I have heard the learned Counsel for the applicant on merits of the case. A complaint was filed by the applicant under Section 500 of the IPC alleging that the respondents had defamed the applicant by affixing letter at Exhibit 36 on the conspicuous part of the temple. The trial court after perusing the evidence on record, has recorded the finding that the applicant is not reliable witness. It was further observed that the applicant had not established his case and therefore, his complaint was dismissed. I have perused the letter at Exhibit 36. The letter only records that on 31st August, 2003, the applicant and his father had abused Shri Ratnasen Vijayji who was the Jain guru in the said trust and therefore, the applicant was asked not to attend any of the ceremonies of the Jain trust. Prima facie, the letter does not in any manner defame the applicant. It has only recorded the decision taken by the trust of not permitting the applicant in - 3 - attending the ceremonies performed by the trust. Affixing the said letter on the conspicuous part of the temple does not amount to defamation. No case, therefore, is made out by the applicant for grant of leave to file appeal. 5. Leave, therefore, is refused. Appeal does not survive. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)