In connection with rendering such services, the petitioner was having access to their accounting system which was computerized and was also in a position to enter into ledgers and various other accounts. W.12 completed investigation and laid charge sheet against the Accused of offences u/s 67 of I T Act and u/s 469,509 of IPC.…this court is not inclined to accept the theory projected by the Accused that the obscene messages would have been created by P. In the complaint, details of defamatory remarks made in several other articles published by A-1 in A-2 group are given in detail, which details may not be necessary for the purpose of disposal of this criminal petition.2) It is contended by the senior counsel appearing for the petitioner/A-2 that actions of intermediaries such as Google Inc., which is a service provider providing platform for end users to upload content, does not amount to publication in law and consequently the question of holding such intermediaries liable for defamation does not arise.
While reconciling the accounts, certain discrepancies were pointed out by the officials of the bank and in that process, it was revealed that the accused-petitioner, who was having SB Account No. Senior Counsel appearing for the petitioner placed reliance on Section 79 of the Information Technology Act, 2000 (in short, the Act) in support of this contention.
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