JOSEPH GEORGE Vs. K. JOHN

JUDGEMENT

(1.) The defendant in a suit for malicious prosecution is the appellant. The suit was decreed by the trial court directing him to pay Rs.1 lakh to the plaintiff with interest at the rate of 6% per annum from the date of the suit till the date of payment. In the appeal, the appellate court confirmed the decree with regard to the compensation of Rs.75,000/- decreed in favour of the plaintiff as general damages but set aside the decree with regard to the special damages claimed by the plaintiff to the tune of Rs.25,000/-. As against the dismissal of the special damages of Rs.25,000/- the plaintiff had filed Cross Objection No.92/2009.

(2.) A complaint was given by the defendant to the police against the plaintiff and another alleging commission of offences under Secs.341, 342, 294(b) and 506(ii) r/w Sec.34 of IPC. Based on the complaint, the police registered a crime as Crime No.88/1998. After investigation, the police filed a refer report. Hence, the defendant filed a protest complaint before the learned Magistrate as CMP No.4491/1998. On 25.11.1999 to which date, the case was posted for trial for recording the evidence of the complainant, he was absent and so, a petition was filed on his behalf for excusing his absence. That petition was allowed and the case was then adjourned to 28.1.2000. On that date also the complainant was absent stating that he had gone to Madras for treatment. Hence, again the case was posted to 25.2.2000. On that date a petition was filed along with a copy of the medical certificate but, the learned Magistrate was not inclined to accept the medical certificate produced and so, ultimately the accused were discharged under Sec.245(2) of Cr.P.C.

(3.) It was contended by the plaintiff that the defendant had animosity towards him which arose in connection with the formation of a road through the plaintiff's property. There were various civil and criminal cases in which the plaintiff and the defendant were parties. It was contended that the complaint was filed by the defendant maliciously without any reasonable and probable cause and so the plaintiff sustained huge financial loss and other difficulties and thus the suit was filed claiming a total amount of Rs.1 lakh as compensation.