<p>Bengaluru: The Karnataka High Court has refused to quash defamation proceedings against Suresh Gowda, former MLA from Nagamangala. In August 2023, Suresh Gowda had alleged that Agriculture Minister Cheluvarayaswamy had looted around Rs 300 to 400 crore.</p><p>In his complaint, Cheluvarayaswamy said that after the defeat in the 2023 assembly elections, his opponent Suresh Gowda made certain derogatory statements. In these statements, Suresh Gowda alleged corruption and this had appeared in major newspapers on August 16, August 17 and August 18, 2023. Cheluvarayaswamy registered the private complaint under IPC sections 499 and 500 and on April 6, 2024, the special court for elected representatives directed for registration of the criminal case against Suresh Gowda.</p>.Karnataka High Court says no to quash cheating case against staffer, kin.<p>Challenging this proceeding, Suresh Gowda submitted that there are no ingredients of IPC section 499 in his statements. On the other hand, Cheluvarayaswamy submitted that the statements per se are defamatory, without any basis and has the capacity to lower his reputation.</p><p>Justice M Nagaprasanna noted that there is prima facie material in the complaint filed by Cheluvarayaswamy and the same needs to be decided in a full blown trial. “It definitely meets the ingredients and not the exceptions to those ingredients, again prima facie. If these statements cannot be said to be defamatory which requires a full-blown trial for the petitioner to come out clean, I fail to understand, what else can be,” Justice Nagaprasanna said.</p><p>The court further said, “Counsel for petitioner has placed heavy reliance upon the fact that the order of the learned Magistrate suffers from want of application of mind. This contention is noted only to be rejected, as a perusal at the afore-quoted order passed by the learned Magistrate on the complaint, bears application of mind and is a product of cogent reasoning.”</p>
<p>Bengaluru: The Karnataka High Court has refused to quash defamation proceedings against Suresh Gowda, former MLA from Nagamangala. In August 2023, Suresh Gowda had alleged that Agriculture Minister Cheluvarayaswamy had looted around Rs 300 to 400 crore.</p><p>In his complaint, Cheluvarayaswamy said that after the defeat in the 2023 assembly elections, his opponent Suresh Gowda made certain derogatory statements. In these statements, Suresh Gowda alleged corruption and this had appeared in major newspapers on August 16, August 17 and August 18, 2023. Cheluvarayaswamy registered the private complaint under IPC sections 499 and 500 and on April 6, 2024, the special court for elected representatives directed for registration of the criminal case against Suresh Gowda.</p>.Karnataka High Court says no to quash cheating case against staffer, kin.<p>Challenging this proceeding, Suresh Gowda submitted that there are no ingredients of IPC section 499 in his statements. On the other hand, Cheluvarayaswamy submitted that the statements per se are defamatory, without any basis and has the capacity to lower his reputation.</p><p>Justice M Nagaprasanna noted that there is prima facie material in the complaint filed by Cheluvarayaswamy and the same needs to be decided in a full blown trial. “It definitely meets the ingredients and not the exceptions to those ingredients, again prima facie. If these statements cannot be said to be defamatory which requires a full-blown trial for the petitioner to come out clean, I fail to understand, what else can be,” Justice Nagaprasanna said.</p><p>The court further said, “Counsel for petitioner has placed heavy reliance upon the fact that the order of the learned Magistrate suffers from want of application of mind. This contention is noted only to be rejected, as a perusal at the afore-quoted order passed by the learned Magistrate on the complaint, bears application of mind and is a product of cogent reasoning.”</p>