RADHEY MOHAN SINGH Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 15.11.2002 passed by the learned Additional District Judge in Civil Suit No. 553/2001. Brief facts which are necessary to dispose of the appeal are recapitulated as under:-

(2.) The appellant was an employee of respondent No.1 proprietorship firm in the name and style of M/s. Bajaj Plastic. The firm was later converted into M/s. Sunny Plastic. According to the appellant, though he was working efficiently he was not paid legitimate and lawful remuneration. The appellant gave notice to the respondent on 4.12.1989. by which the respondent became furious and abusive towards the appellant. According to the appellant, the respondent filed a complaint against the appellant even incorporating allegations of misappropriation of Rs.50,000/-. The police took immediate action on the said complaint and in connivance with the respondent filed a challan against the appellant. The appellant was kept in illegal custody for a period of four days i.e. 8.1.1990 to 11.1.1990. He was taken to his village and was paraded there on foot in public and was branded as a thief. The appellant submitted that a false case was instituted against him. In this case he was given benefit of doubt and was consequently acquitted. The appellant submitted that because of the malicious prosecution by the respondents he is entitled to damages. In the written statement, the respondents denied the allegation levelled against them. In the written statement it is incorporated that filing of a suit was a total abuse of the process and the suit deserved to be dismissed with heavy costs.

(3.) On the basis of pleadings of the parties, following issued were framed:-