In Brief
A German fire safety equipment manufacturer challenged a criminal defamation summons issued against it for letters sent by its authorised representative to government authorities criticizing a tender award. The company argued the letters fell within exceptions to defamation and sought quashing of proceedings. The Supreme Court held that while a Magistrate need not confine himself to complaint allegations and may consider applicable exceptions to section 499 IPC, he is bound to issue process if a prima facie case is made out. The Court rejected the company's claims that unauthorized acts by agents cannot incriminate principals, holding that if evidence proves the agent acted with consent or the principal's knowledge without disavowal, prosecution can proceed. The appeal was dismissed; defences must be raised at trial.
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