VASANTRAO BAPURAO CHIDDARWAR Vs. RAGHUNATHRAO ANANTRAO DESHMUKH

JUDGEMENT

(1.) THIS appeal by the original plaintiff against the judgment and decree dismissing the suit for compensation on account of malicious prosecution, as beyond the period of limitation raised a question as to what would be the terminal point of a prosecution for the purpose of Article 74 of the Limitation Act (the Act) ?

(2.) THE respondents 1 and 2-original defendants prosecuted the appellant-plaintiff for an offence punishable under Section 500 of the Indian Penal Code. The learned Magistrate by a judgment dated 28-5-1984 acquitted the plaintiff. The defendants appealed against the order of acquittal. This Court on 12-12-1984 dismissed the appeal. The plaintiff thereupon on 5-12-1985, filed a civil suit against the defendants claiming damages of Rs. 25,000/- for prosecuting him maliciously. The learned trial Court observed that the cause of action for a claim arose on the date of acquittal i.e. 28-5-1984. The period for limitation under Article 74 of the Act began to run from that date. The suit filed on 5.12.1985 is as such beyond one year, the period of limitation as prescribed. The learned trial Court, therefore, dismissed the suit. In appeal, the same was confirmed.

(3.) MR . Manohar invited my attention to Article 74 of the Act which reads as thus.: