under Section 500 IPC because the most essential ingredients of the offence i.e. 'mensrea' would be missing as a company is juristic entity or an artificial person. 24. Section 499 IPC defines the offence on defamation as under:" Defamation.-Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person." 25. A bare perusal of the definition of the defamation would show that the imputation which harm the reputation of the person against whom they are made must be either (a) with an intention, or (b) with knowledge or (c) having reasons to believe that such imputation will harm the reputation of the 'person concerned'. 26. Whether in a particular case there was any such intention, knowledge, reason to believe or not is a question of fact which can be decided by way of leading evidence. Section 499 IPC is also subject to certain exceptions which bring the imputation out of the periphery of defamation. However, these exceptions would always be question of facts which can be decided at the trial. What is the nature of imputation, under what Circumstances it was made, the status of the person who is making imputation and of the person against whom the said imputation is made, whether the imputation were made in good faith etc. are some of the defences which are available to an accused. However, such defence can be considered by the trial court after the evidence is led by both the parties. 27. The impugned order has dealt with all the relevant aspects of the issues involved at the stage of summoning. At this stage, the court has only to see if there are sufficient grounds to proceed further or not and if the impugned order is weighed on this scale then I find no illegality, in propriety or irregularity in the order. 28. With these observations, the revision petition is dismissed. 29. TCR along with the copy of the order be sent to the learned trial court. 30. Revision Petition be consigned to record room.” Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:05.02.2024 16:25:50 CRL.M.C. 6347/2019 Page 17 of 50