KANTILAL Vs. BABULAL

JUDGEMENT

(1.) THIS revision petition is preferred under section 115 of CP Code by the defendant, challenging the legality and validity of a decree passed by the Second Additional District Judge, Ratlam, dated 30.11.1987, in appeal No. 7 B/85, confirming the judgment and decree passed by IVth Civil Judge, Class II, Ratlam, on 26.8.1985 in case No. 96 B/82. Since the claim in original suit was for Rs. 1,075/ , and therefore, this revision was filed because the second appeal by virtue of section 101 of CP. Code is barred.

(2.) A suit was filed by the respondent against the appellant for damages amounting to Rs.1,075/ essentially on the ground of defamation. In substance, the allegations were that a false complaint was filed by the appellant against the respondent on 23.1.1979 under section 323 read with section 504 of IPC in the Court of Chief Judicial Magistrate, Ratlam. ft was alleged that pursuant to the said false complaint, appellant was summoned and was required to appear as many as thirteen times, he was required to take bail, required to engage a lawyer and eventually complaint was dismissed even for want of evidence and without sustaining the charges levelled against him. It is this filing of a complaint and its rejection which has given rise to file a suit and to claim damages to the extent of Rs. 1,075/ .

(3.) EVIDENCE was led and eventually the learned trial Judge came to a conclusion while decreeing the suit that suit was very much within limitation, if calculated properly and, secondly, the complaint itself was mischievious, malicious and did not make out any reasonable ground to sustain in the Court of law. and therefore, it was rightly rejected for want of evidence. It was held that in the absence of evidence, much less adequate, the dismissal of complaint has given rise to claim damages. It was also held that plaintiff was a man of status in the town, and therefore, appellant (defendant) had no business to tarnish his image and malign his character. It is on this finding, the suit was decreed in its entirety and accordingly money decree for Rs.1,075/ was passed.