SANDHYA BHARALI Vs. NARENDRA BISWAS

JUDGEMENT

(1.) Heard Mr. M.H. Choudhury, learned counsel for the appellant. Also heard Mr. S.R. Borbhuyan, learned counsel appearing for the respondent.

(2.) The genesis of the case can be traced to the first information lodged by the appellant/defendant, i.e., Sandhya Bharali, which, eventually, was a matter before the Court of Chief Judicial Magistrate, Morigaon, Assam, in G.R. Case No. 375/1998 registered under Sections 143/341/323/354 of the IPC. By judgement dated 29.04.2000, the learned Chief Judicial Magistrate, upon due appreciation of evidence, held that the prosecution could not prove the guilt of the respondent/plaintiff, i.e., Sri Narendra Biswas, beyond all reasonable doubt. As a result, said Sri Narendra Biswas was acquitted by setting him at liberty.

(3.) Title Suit 5/2001 came to be instituted by said Sri Narendra Biswas before the Court of Civil Judge, Senior Division, Morigaon, for compensation and damage for malicious prosecution. The appellant, i.e., Sandhya Bharali made appearance by filing written statement refuting the allegations made in the plaint. In the suit, as many as seven issues were framed and the Issue No. 4 involved the question as to whether the defendant, i.e., Sandhya Bharali had brought charges against the plaintiff Narendra Biswas and the proforma defendant in Laharighat P.S. Case No. 63/1998 corresponding to G.R. Case No. 375/1998 maliciously without any reason and probable cause. The trial Court exhaustively dealt with the said Issue No. 4 and on appreciation of oral and documentary evidence, decided the issue in the affirmative. Judgement and decree in the said suit was delivered on 30.01.2002 by decreeing the suit on contest with further order that the plaintiff Narendra Biswas is entitled to recover an amount of Rs. 25,000/- by way of general damage for mental and bodily pain and loss of reputation along with a further sum of Rs. 5,000/- as special damage towards litigation cost, loss of business etc.