DHARAMBIR Vs. RAJBALA

JUDGEMENT

(1.) Petitioner/plaintiff - Dharambir - by filing this revision petition under Article 227 of the Constitution of India has impugned the order dtd. 14/3/2022 (Annexure P-8) passed by learned Civil Judge (Sr. Division), Jind, thereby directing the petitioner/plaintiff to affix the ad valorem court fee on the amount of Rs.15,00,000.00 as claimed by him as damages in the suit i.e. CS/413/2017.

(2.) The factual matrix in the instant revision petition pertains to malicious prosecution of the plaintiff-petitioner in FIR No. 56, dtd. 17/3/2011, under Ss. 420, 467, 468, 471, 406 and 506 IPC registered at Police Station Sadar, Jind with the allegations that a gift deed was got registered fraudulently on the basis of false affidavits and documents submitted in the office of District Town Planner, Jind for the purpose of obtaining No Objection Certificate. The plaintiff-petitioner was acquitted of the charges vide judgment dtd. 24/5/2016 by the learned Additional Chief Judicial Magistrate, Jind categorically holding that the plaintiff-petitioner has not committed the alleged offence and gave finding that a gift deed was executed by the complainant on her free will having no occasion to forge her signatures on the documents for obtaining NOC for transfer.

(3.) The plaintiff-petitioner thereafter preferred a suit for damages after having remained behind the bars for more than three months. He claimed damages apart from having spent Rs.1,00,000.00 in defending the case stating that he is an agriculturist and has went under a trauma in jail having sleepless nights as a result of which he went under depression and his health also got deteriorated apart from having tarnished his reputation in the entire village and relations.