1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPLICATION NO. 2813 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 Sabha Narayan Singh ...Applicant Vs. The State of Maharashtra & Anr. ...Respondents Mr.M.S.Mohite i/b. Mr. M.E.Palve, Advocate for Applicant Mr.Dinesh Purandare with Mr. Madhur Rai, Advocates i/b. J.R.Legal for Respondent No.2 Mr.S.R.Shinde, A.P.P for the State CORAM: SMT.ROSHAN DALVI, J. DATED: 16TH NOVEMBER, 2009 P.C. 1.The complaint lodged by the applicant against respondent No.2 was for an offence of defamation punishable under Section 500 of the I.P.C. The defamation has been brought up by way of the fact that the respondent No.2 had initially lodged the complaint of extortion punishable under Section 387 of the I.P.C against the applicant herein. The factum of the filing of the complaint under the aforesaid Section is an admitted fact. It has been recited in the impugned order of the learned Ad-hoc Additional Sessions Judge, 2 Sessions Court, Dindoshi, Borivali, Mumbai. Once the aspect of actual lodging of complaint under Section 387 is an admitted fact, that fact would not have to be proved. 2.The complaint was investigated. The report of the police came to be filed before the learned Magistrate. That report ended in B-Summary. It showed a false complaint having been filed. The B-Summary came to be accepted by the learned Magistrate. That acceptance has not been challenged. Upon these facts it would have to be seen whether the offence of defaming the applicant by a false complaint is made out. 3.Leave to appeal is granted. 4.The learned A.P.P as well as the Advocate for respondent No.2 waives service. (SMT. ROSHAN DALVI, J.)