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2023 (8) TMI 342 - MADRAS HIGH COURTDefamation - false entry in CIBIL - Whether false entries were made by the petitioners in CIBIL and if so whether that would amount to defaming the respondent? HELD THAT:- This Court finds that the CIC Act is a Special Act which provides for a composite mechanism to deal with all situations, including the one complained of by the respondent. In fact, Section 23 of the CIC Act provides for offences and penalties if any false entry is made by any person in any written or other document or in any information furnished by him, then, he shall be liable for prosecution - The respondent ought to have resorted to the remedy provided under the CIC Act if they were sure of their allegation that the entries made by the petitioners were false. The CIC Act further states that such a complaint has to be filed only by the credit information agency, in which case the credit information agency would have to be first satisfied with the allegations in the complaint and thereafter initiate prosecution against the offender. By-passing the above said procedure, which provides a remedy to the victim and protection to all parties concerned, and resorting to a penal provision by making statements such as friends and others in the business circle came to know about entries etc., which are not factual, is inappropriate, to say the least. In such circumstances, the impugned complaint which does not disclose the offence of defamation is unsustainable for the reasons stated. This Criminal Original Petition is allowed.
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