SHAYARBAI KESARIMAL MARWADI Vs. HARAKCHAND DHANRUPJI

JUDGEMENT

(1.) This is an appeal by the plaintiff whose suit for damage of Rs. 1500/- for malicious prosecution has been dismissed by the lower Appellate Court by a reversing of the decree passed by the trial Court in favour of the plaintiff for Rs. 300/- as damage.

(2.) It appears that the shops of the plaintiffs husband and that of defendants are adjacent to each other. There was some incident between them on August 9, 1962. The defendant was alleged to have been assaulted by the plaintiffs husband and her three children. Defendant made a complaint immediately to the police but the police treated the complaint as a non-cognizable one and referred the defendant to the competent Court. Accordingly defendant filed Criminal Case, No. 5758 of 1962 before the Magistrate against the appellant and her husband alleging offences falling under sections 323 and 504 of the Indian Penal Code.

(3.) It appears that in that case the present appellant-plaintiff was acquitted by the trial Court while her husband was convicted and although in appeal the order of conviction was confirmed by the Appellate Court, he came to be acquitted in revision by the High Court.