GAGANDEEP SINGH Vs. PARMINDER KAUR

JUDGEMENT

(1.) LRs of plaintiff No.1 are in second appeal aggrieved of the judgment & decree passed by both the Courts below whereby suit filed by plaintiff/Gagandeep Singh seeking damages alleging malicious prosecution at the hands of defendant, stands dismissed.

(2.) For convenience, the parties hereinafter are referred to by their original position before the Trial Court, i.e., the appellant as 'plaintiff No.1' and the respondent as 'defendant'.

(3.) As per the case of plaintiff No.1, he was falsely implicated in FIR No.27 dtd. 16/5/2011 punishable under Sec. 379 IPC registered at Police Station Mehta, in which he was acquitted vide judgment dtd. 9/9/2014. Plaintiff claims that pursuant to the FIR, he was arrested and remained in jail for one week. He had to attend to the trial regularly from January, 2012 till September, 2014 i.e. for almost 2-1/2 years. His reputation was badly damaged. He was running INC company in Canada. Owing to malicious prosecution, he could not pay the tax and the company was closed. After registration of case, plaintiff could not travel outside India and in the meantime, his permanent residency in Canada also got expired. Thus, plaintiff suffered losses which defendant needs to indemnify.