BABU NAIDU Vs. GANDHI

JUDGEMENT

(1.) The Appellant/Plaintiff has filed the instant Second Appeal as against the Judgment and Decree dated 16.08.2000 passed in A.S.No.60 of 2000 by the Learned Additional District Judge, Tiruvannamalai in confirming the Judgment and Decree dated 29.10.1999 in O.S.No.75 of 1997 passed by the Learned District Munsif-cum-Judicial Magistrate, Chengam.

(2.) The first Appellate Court while passing the Judgment in A.S.No.60 of 2000 on 16.08.2000 has inter alia held that the proceedings of the Section 145 (1) of Criminal Procedure Code have been dropped based on the Hon'ble High Court's order dated 11.01.1989 and that the proceedings have not been finally disposed of and that the Hon'ble High Court has quashed the proceedings passed in M.C.No.1 of 1988 by the Learned Executive First Class Magistrate, Chengam and because of the technical flaw committed by the Learned Executive First Class Magistrate, its order has been quashed. Further, it has opined that the Respondent/Defendant has acted with reasonable and probable cause and not without reasonable and probable cause and since he has acted with reasonable and probable cause, the initiation of proceedings before the Learned Executive First Class Magistrate does not amount to malice and resultantly, dismissed the Appeal with costs thereby confirming the Judgment and Decree of the first Appellate Court.

(3.) Added further, the first Appellate Court A.S.No.60 of 2000 has also observed in its Appeal Judgment that all the criminal proceedings have been initiated with probable and reasonable cause and there is no malicious intention for the Respondent/Defendant to initiate criminal proceedings and finally concluded that the Appellant/Plaintiff is not entitled to claim for damages for malicious prosecution.