Bombay HC quashes notice issued to HDFC MD by magistrate's court in defamation complaint

The Bombay High Court has quashed an order of a local court here issuing notice to HDFC Bank Ltd managing director and CEO Sashidhar Jagdishan over a defamation complaint lodged by the trustee of Lilavati Kirtilal Mehta Medical Trust.

A bench of Justice S M Modak, on August 5, said the magistrate ought to have first verified the complaint before issuing notice to the proposed accused.

Prashant Mehta, permanent Trustee of Lilavati Kirtilal Mehta Medical Trust, had filed a private complaint before Girgaon judicial magistrate's court seeking registration of an offence against Jagdishan under Bharatiya Nyaya Sanhita provisions pertaining to defamation.


In June this year, the magistrate issued notice to Jagdishan, who then moved HC.

In the order, a copy of which was made available on Monday, Justice Modak said as per law, until the verification is recorded, the stage of hearing of accused will not come.

"There is a purpose of recording the verification. It gives an opportunity to the magistrate to ascertain whether to proceed further or not," HC said.

Justice Modak, in the order, noted that after filing of a private complaint there has to be verification of the complainant and witnesses and before decision is taken on cognizance, the proposed accused needs to be heard.

The order of issuance of notice is quashed and set aside, Justice Modak said, adding the magistrate was at liberty to proceed with the matter by recording the verification of the complainant and all witnesses, if any, and then pass the appropriate order.

The Lilavati hospital trust had earlier lodged a case against the bank and Jagdishan accusing them of bribery and cheating.