PARTHA PRATIM ROY Vs. AMAL KANTI RAHA

JUDGEMENT

(1.) This long pending appeal of 2010 is directed against the judgment, dated 15th July, 2010, passed by the learned Civil Judge No. 3, Kamrup, Guwahati in Money Suit No. 102 of 2007, whereby the suit was dismissed.

(2.) I have heard Mr. N. N. Karmakar, learned counsel appearing for the plaintiff/appellant and Mr. R. Sarma, learned counsel appearing for the defendant/respondent. Perused the suit record.

(3.) The brief facts of the case, is that, the plaintiff/appellant and the defendant/respondent are the disciples of Sri Sri Paramananda Saraswati Maharaj and they are familiar with the administrative affairs of Sri Sri Bijoykrishna Sadhan Ashram Religious and Charitable Trust. In the year 2002, the plaintiff/appellant received a script from the President of the newly constituted Trust Board of Sri Sri Bijoykrishna Sadhan Ashram Religious and Charitable Trust, whereby, the defendant/respondent brought up allegations against the plaintiff/appellant and another disciple that they have committed mischievous acts causing harm to the prestige, security and sanctity of the Ashram. An FIR, dated 15.04.2003, was lodged by the defendant/respondent at Jalukbari Police Station against the plaintiff/appellant bringing an accusation against him that he committed theft of receipt books of Ashram. The defendant/respondent did not stop there and he communicated to the employer of the plaintiff/appellant i.e. the Divisional Railway Manager, N. F. Railway, Lumding, vide letter, dated 10.04.2007, imputing serious allegations and informed him that a police case against the plaintiff/appellant was under investigation. The plaintiff/appellant contended that by the aforesaid malicious complaint, he has injured greatly to his character, conduct and reputation and has brought into public scandal, hatred, ridicule and contempt which compelled the plaintiff/appellant to file the aforesaid money suit, praying for a decree of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) with interest @ 6% per annum till payment of the amount.