KUNHUTTY SAHIB Vs. VEERAMKUTTY

JUDGEMENT

(1.) This is an appeal by the plaintiff claiming enhanced compensation in a suit filed by him claiming damages as against the defendant for malicious prosecution. The plaintiff, according to the case set up in the plaint, was prosecuted for a charge under Section 325 of the Indian Penal Code on the basis of a complaint made by the defendant to the Police at Chowghat. The Second Class Magistrate at Chowghat in C. C, No. 45 of 1953 enquired into the matter and ultimately discharged the accused on 14-7-1952 under Section 253 (1) of the Code of Criminal Procedure. The said judgment is Ext. A2 in these proceedings.

(2.) It was the further case of the plaintiff that the complaint filed by the defendant, namely, Ext. A1. on 3-10-1951 was false to the knowledge of the defendant and he has given the complaint without any reasonable and prohable cause and with malice just to put the plaintiff to disgrace and loss.

(3.) In consequence of the judgment in his favour of the criminal court evidenced by Ext. A2, the plaintiff called upon the defendant by his notice. Ext. A8, to pay him damages as claimed therein. The defendant by his reply notice Ext. A7 hag affirmed the allegations made by him in his complaint and also the charge which has been found to be false by the criminal court,