MOHAMED AMIN Vs. JOGENDRA KUMAR BANNERJI

JUDGEMENT

(1.) THIS is an appeal from a judgment and decree of the High Court of Judicature at Fort William in Bengal dated February 1, 1945, in appeal from its original jurisdiction, which affirmed a judgment and decree of that High Court dated March, 81, 1943, in its original jurisdiction, dismissing the appellant's suit for damages for malicious prosecution.

(2.) THE question arising in this appeal is: At what stage will criminal proceedings instituted falsely and maliciously before a Magistrate under the provisions of the Indian Code of Criminal Procedure lay the foundation for a suit for damages for malicious prosecution ?

(3.) THE Magistrate, having taken cognizance of the complaint, forwarded it to a Mr. N. N. Mukherjee for inquiry and report under the provisions of Section 202 of the Code. Mr. Mukherjee, by letter dated September 22, 1940, gave the appellant notice that a criminal case had been instituted against him by the 2nd respondent, that it had been referred to the writer for inquiry, and that the inquiry would be held on October 25. For some reason, which has not been explained, Mr. Mukherjee did not hold the inquiry, and the Magistrate then referred the matter to a Mr. Bannerjee who also did not hold the inquiry. THEreupon the Magistrate himself held the inquiry in open Court. Notice of the inquiry was given to the appellant who attended with counsel. At such inquiry the 1st respondent deposed that "we have brought this case for cheating us against the accused Md. Amin". On December, 3, 1940, after the completion of the inquiry, the Magistrate made an order, which concluded with these words : No case of cheating and for the matter of that no criminal case of any nature could be made out by the complainant. He thereupon dismissed the complaint under Section 203 of the Code of Criminal Procedure.