Seeking a date for pre-summoning evidence, Chaudhary's counsel Vijay Aggarwal said the averment in the FIR was false as no charge sheet was filed against Chaudhary in that matter. He argued before Metropolitan Magistrate Jay Thareja that the court is duty bound to take cognisance of the matter and examine the complainant on oath.
After hearing arguments, the court fixed the matter for January for its order on the issue of taking cognisance of the complaint. "Fresh written complaint filed under section 200 CrPC alleging commission of offence under section 499 (defamation) of IPC. Arguments on the point of taking cognisance have been heard. Put up for orders on taking cognisance and if required, further proceeding on January 3, 2013," the magistrate said. The counsel also said the second cause of action for filing the defamation case was the comments made in a press conference here by Jindal.
He said that in the press conference it was alleged that the Broadcast Editors' Association (BEA) had called Chaudhary and he had made a submission before it after which he was removed.
He said his client had never gone to the BEA nor made any representations to the association. "Allegations against me are defamatory in nature," the counsel argued.
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