SUDHAKARAN Vs. PADMANABHAN

JUDGEMENT

(1.) This is an appeal by a defeated plaintiff. He was defeated in a suit for malicious prosecution. The short point that arises in the case for decision is that when a complaint was filed on the basis of information about which the complainant himself had personal knowledge and the case ended in acquittal, whether there is a presumption that the defendant had no reasonable and probable cause and that he was actuated by malice in filing the said complaint. Further whether in such circumstances, the burden of proof shifts to the defendant the complainant in the criminal case and that unless he is able to prove that what he had alleged in the complaint is true, the plaintiff must succeed. Now both the courts found that the plaintiff failed to prove that essential ingredient for establishing a cause of action for malicious prosecution of the absence of reasonable and probable cause for the defendant to launch the prosecution against the plaintiff.

(2.) The Trial Court raised mainly three issues touching the obligatory integrants to be established for successfully prosecuting a suit for malicious prosecution. These are the issues:

(3.) Evaluating the evidence in the case, all the above three issues were found against the plaintiff. The suit was dismissed. Plaintiff filed an appeal before the Sub Court, Trichur. The Subordinate Judge mainly considered the question regarding the absence of reasonable and probable cause for filing a complaint against the plaintiff. The court held that the plaintiff did not discharge the onus of proof that there was want of reasonable and probable cause for filing a complaint against the plaintiff. The judgment and decree of the Trial Court was confirmed and the appeal was dismissed. Now the plaintiff appeals.