CHANNAPPA Vs. SIVARUDRAPPA

JUDGEMENT

(1.) This appeal arises out of the suit brought by the two plaintiffs for the recovery of a sum of Rs. 1000/- as compensation for malicious prosecution. The defendant and plaintiff No. 1 are brothers and plaintiff No. 2 is the one of one Gurappa, another brother of plaintiff No. 1 and the defendant.

(2.) On the 14th of April, 1952 the defendant presented a complaint in the Court of the Special First lass Magistrate, Ramanagaram in which he charged the two plaintiffs with having committed offences under the provisions of Sections 323 and 504 of the Indian Penal Code. His allegation was that the plaintiffs assaulted and insulted him and therefore had committed offences punishable under the aforesaid two actions. By an order made on the 20th of August, 1952 the plaintiffs were discharged and thereafter the plaintiffs brought the suit out of which this appeal arises.

(3.) The Munsif made a decree in favour of the plaintiffs for a sum of Rs. 300/- . According to him, the plaintiffs spent a sum of Rs. 125/- in appeal for defending themselves in the Magistrate's Court and in the Court Session to which a revision petition was presented by the defendant against the order of discharge made by the Magistrate. The Munsif also found that sum of Rs. 25/- had been spent by the plaintiffs towards their expenses. A sum of Rs. 100/- was, according to the Munisiff the compensation payable to the 1 stated plaintiff for the suffering undergone by him a sum of Rs. 50/- was awarded to 2nd plaintiff under that head.