VIJAYENDRA JAIN Vs. B.SWARNALATHA REDDY

JUDGEMENT

(1.) This civil revision petition under Article 227 of the Constitution of India is directed against the order dtd. 1/5/2018 in I.A.No.969 of 2017 in O.S.No.452 of 2016, on the file of the I Senior Civil Judge, City Civil Court, Hyderabad, wherein the said application filed by the petitioner herein (defendant) under Order VII Rule 11(d) CPC seeking rejection of plaint, was dismissed.

(2.) Heard the learned counsel for the petitioner. None appears for the respondent despite service of notice. Perused the record.

(3.) The revision petitioner is defendant in a suit filed by the respondent-plaintiff in O.S.No.452 of 2016 for malicious prosecution. It is alleged by the respondent in the suit that the petitioner filed a complaint against her under Sec. 138 of the Negotiable Instruments Act in C.C.No.135 of 2011, on the file of the XIX Additional Chief Metropolitan Magistrate, Hyderabad and the same ended in acquittal on 17/2/2012. Thereafter, the petitioner preferred Crl.A.No.276 of 2012 before the VII-Additional Metropolitan Sessions Judge, Nampally and the same was dismissed by judgment dtd. 18/9/2015 and the respondent-plaintiff was acquitted. It is stated in the complaint that the respondent hails from a reputed family in Hyderabad. The respondent alleged that the petitioner herein filed false criminal cases, apart from filing civil suits for recovery of money. The petitioner made the respondent to appear before the Court on several adjournments and she suffered mental agony and incurred huge monetary loss and as such, she claimed an Rs.10.00 lakhs for damages and compensation from the petitioner herein for malicious prosecution.