cran1125.10 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1125 OF 2010 Prakash Dagadu Nagare ...Applicant Versus Sau. Tarabai Banduji Nagare and others ...Respondents ..... Mrs. Rashmi S. Kulkarni, advocate h/f Mr. S.D. Kulkarni, advocate for the applicant Mrs. M.D. Thube-Mhase, advocate for respondent. ..... CORAM: S. S. SHINDE, J. DATED: 25th JANUARY, 2011 PER COURT:- 1 Heard learned counsel for the respective parties. 2 Learned counsel appearing for the applicant invited my attention to para 3 of the impugned judgment where observations in respect of imputation are made against the wife of the applicant herein. Learned counsel also invited my attention to the provisions of Section 499 of I.P.C. and submitted that in the present case imputation are made in words and with intention to cause harm to the reputation of the cran1125.10 -2- applicant herein. Therefore, learned counsel for the applicant would submit that this application may be entertained. 3 On the other hand, learned counsel for the respondent submitted that there was no intention on the part of the respondent to cause such harm to the reputation of the applicant. She invited my attention to the cross examination of the applicant in which he has stated that he does not remember what imputations are made. In his cross examination he admits that he has not read the documents as a whole. He has admitted in his cross examination that name of wife of the applicant is not mentioned. Learned counsel invited my attention to exception 9 of Section 499 of I.P.C. and submitted that the said imputation was made in good faith by respondent No.1 for protection of her interest. Therefore, it cannot be said that it was with intent to cause any damage to the reputation of the applicant. Therefore, counsel would submit that the complainant failed to prove his case and the learned Judge after appreciation of the evidence, has acquitted the respondent. She therefore, submits that this court may not interfere in the impugned judgment and order. 4 After hearing learned counsel appearing for the parties and upon perusal of provisions Section 499 of I.P.C., prima facie, I find some force in the argument of counsel appearing for the applicant. In cran1125.10 -3- my opinion, the case needs to be examined. On plain reading of the averments made in the complaint, it does appear that there is imputation made by respondent against the wife of applicant. Prima facie case is made out to entertain this application. 5 In the result, application is allowed. Leave to file appeal is granted. Office to register the appeal. ( S. S. SHINDE. J.) rlj/