MANGILAL Vs. MANAKCHAND

JUDGEMENT

(1.) THIS second appeal is under Section 100, CPC. The following substantial question of law was formulated by order dated 13-9-83 at the time of admission of this appeal:

(2.) THE facts relevant for the decision of the question referred to above are that-Defendant-Mangilal filed a complaint against the plaintiff Manakchand in the Court of Judicial Magistrate, 1st Class, Susner alleging therein that the plaintiff has committed criminal breach of trust in respect of an amount of Rs. 2900/- which was entrusted to him by the defendant. It was also alleged in the complaint that the plaintiff has committed theft of the account books belonging to the defendant. After an enquiry, as required by Section 200 and Section 202, Cr. P. C. , the Magistrate found that the dispute between the parties was of civil nature. The complaint was dismissed under Section 203, Cr. P. C. Defendant Mangilal filed a criminal revision 46/78 in the Court of Session, Shajapur. That was also dismissed on 18-5-79. A notice of this criminal revision was given to the plaintiff and he appeared before the Revisional Court to contest the revision. He engaged a lawyer to represent him in the Revisional Court. It is also an admitted fact that a search warrant was issued by JMFC after filing of the complaint by the defendant and search of house of the plaintiff was conducted on 4-3-78.

(3.) THE plaintiff claimed an amount of Rs. 2000/- as damages for malicious prosecution. According to the plaintiff the prosecution was initiated by the defendant without any reasonable and probable cause.