Rajiv Khajuria vs Vinod Kumar

T.S. Doabia, Judge

The petitioner is a publisher of newspaper namely ""Himalayan Vision"". This newspaper is published from Rajouri Town. In the issue of 16th of

May 2001 a news item was published. Its heading is ""United Capital Services Dupes Account holders, employees"". So far as news item itself is

concerned, it reads as under:-

An investment company opened on 13th of August 1997 in Rajouri township, the heart of the district with One Mr. Vinod Kumar Dutta S/o Sh.

Vishwa Mitra Dutta Kunjwani, Jammu as the managing director. The company was located just besides the police post of the main market

claiming its regional headquarters at Canal Road, near J&K Bank Jammu and main headquarters at Sector 40- Chandigarh. As in other cases' the

company lured to people in and around the township to open their accounts with the company on the assurance of such returns within less time. In

the meantime, the company extended itself and opened its branches at Thanamandi, Surankote, Mendhar, Poonch, Kalakote and Nowshera with

Mr. G.M. Dar, Mohd Shafi, N.A Choudhary, Vaneet Sharma, Mohd Mustaq and Chintan Sharma as was appointed as district manager the

official of this company claimed a wide network of 100 branches all over the stale to throw dust into the eyes of the innocent subscribers and

sucked their blood and toil. Besides the common account holders the employees including the Managers also deposited a sizable amount including

that of their kiths and kins. In one instance a Branch Manager is said to have deposited rupees seventeen lakhs of his entire family. But as it

happens in such cases the company disappeared well before the maturity of the accounts which had, in the course or time, swelled upto 3.5

crore...

A perusal of the above news item and also its heading makes it apparent that it gives an impression that Mr. Vinod Kumar Dutta has duped

public in large to the extent of Rs. 3.5 crores.

The word ""Dupe"" stands defined in the Webster's third New International Dictionary, at P.702, The meaning of the terms be noticed;

Dupe: to make a dupe of: Syn- Dupe, gull, Befool, Trick, Hoax, Hoodwink and BAMBOOZLE mean, in common, to denude by underhanded or

deceptive means esp. for one's own ends. DUPE stresses the unwariness of the one denuded and his unsuspecting acceptance of the false as true,

the worthless as genuine, and so on men in high positions are as gullible and as easily duped as the rest of us.

If the aforementioned meaning given to the word ""Dupe"" is taken note of then it cannot be said that case is made out of quashing the

proceedings. Giving an impression that a person is indulging in fraudulent activities would prima facie bring a case within the mis-chief of Section

500 read with Section 501 of the Penal Code.

In view of the above, this petition is found to be without merit and is dismissed.