M GANAGAVEL Vs. A RAMAMOORTHY

JUDGEMENT

(1.) THE appellant in this appeal is the plaintiff in O.S.No.179 of 1991 on the file of the Court of District Munsif, Cuddalore. THE plaintiff instituted the suit in O.S.No.487 of 1994 against the respondent/defendant herein claiming a damages of Rs.16,000/- on account of loss of reputation due to malicious prosecution.

(2.) THE appellant/plaintiff has contended that he owns about 15 acres of land and other house properties at Virupatchi and Sakkankudi and he was the President of Adoorkuppam Primary Agricultural Co-operative Bank and he was also a Director of Kanchananpettai Weaver's Co-operative Society.

(3.) DURING the course of trial in S.C.No.282 of 1992, the respondent/defendant was examined as P.W.1 and in the cross examination, he deposed as follows:TamilThe trial Court after appreciation of oral and documentary evidence, had acquitted the appellant/plaintiff and 9 other accused on the ground that charges framed against accused have not been proved and that there are so many contradictions in the evidence adduced by the prosecution and therefore, the benefit of doubt shall enure in favour of the accused. The Court of Sessions, Cuddalore on the above said grounds, had acquitted all the accused vide Judgment dated 13.07.1993. It is an admitted fact that challenging the order of acquittal, no revision has been preferred by the respondent/defendant.