DEWAN HANTAZ ALI Vs. ABDUL FAZAL AND ORS.

JUDGEMENT

(1.) This second appeal is by the defendant. The defendant lost in both the courts below.

(2.) The plaintiff has filed the suit claiming damages amounting to Rs. 4,999.00 for malicious prosecution. It may be stated that though the plaintiff originally issued notice claiming damages of Rs. 10,000.00 in the suit the balance of the amount was given up.

(3.) It is not disputed that defendant filed a criminal case under Sec. 420/421IPC against the plaintiff and another Nuruddin on 28.4.78 alleging that the plaintiff had intentionally purchased 8 lechas of land from Nuruddin knowing fully well that there was an agreement between the defendant and Nuruddin to sell the land to the defendant Ultimately, the learned criminal court acquitted the plaintiff by judgment and order dated 27.2.79. According to the plaintiff the defendant filed the complaint petition after long 4 years from the date of purchase of the land by the plaintiff, who is a Practicing Advocate for last 36 years. The plaintiff has alleged that the criminal case was filed against him only to humiliate him. The suit was contested by the defendant who pleaded that the prosecution against the plaintiff was started as there was reasonable and probable causes and that there was no malice on his part.