1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3205/2008 Dr.S.V.Bokil Applicant VS. Pandurang Laxman @ Bal Gadgil & Ors. Respondents Mr.Ashutosh Gole i/b Mr.Mandar Limaye & S.M.Kelkar for applicant Mr.S.N.Chandrachud for Res.no.2 Mr.S.R.Shinde,APP for State CORAM:Mrs.Mridula Bhatkar,J. DATE :22nd July,2009. P.C. . This is an application for leave to file appeal against the order dated 21/5/2008 passed by the learned Judicial Magistrate ,F.C.Akurdi,Pune acquitting the accused from the offence of defamation punishable under section 499 of the Indian Penal Code . The applicant/original complainant has filed private criminal complaint against respondent no.1, Writer, and respondent no.2 ,Publisher, for writing and publishing defamatory matter in Marathi book namely “Valchanich Pani “. The learned counsel appearing for the applicant has submitted that the learned Judicial Magistrate,F.C. has erred in appreciating the relevant portion in book which is defamatory .The evidence of P.W.3 ought to have been appreciated in proper perspective as 2 the witness has opined that after going through the matter in the book he found it is not applicable to the complainant and defamatory. The learned counsel appearing for the applicant has further submitted that the complainant has tendered the evidence of overall six witnesses highlighting how the matter in the book is defamatory. 2] Both the complainant and the accused are respectable personalities from the education field. The accused in his book has quoted certain incidents by which the complainant felt offended and has filed this complaint. 3] A narration of a particular incident or sarcastic comment on a person may reveal enmity or bitterness between the author and the person concerned. It may hurt the feelings of the person,however, all offending comments are not necessarily defamatory. The adjective for example ‘ adamant ,rude , careless, quarrelsome, express what impression the author carries about the nature or mindset of the individual. This will not lead to the assassination of the person’s character . The adjective used if read in the context should lower down the image of the individual in the eyes of public. 3 4] Having gone through the relevant paragraph on which the complaint is based it is found that there is no illegality in the order passed by the learned Judicial Magistrate,F.C. acquitting the accused. Hence there is no reason to interfere in the order passed by the learned Judicial Magistrate,F.C.. Application for leave to file appeal stands rejected. (Mrs.Mridula Bhatkar,J.)