B MADAN MOHAN SINGH Vs. BRAM SUNDER SINGH

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit to recover damages for malicious prosecution. Both the Courts below have dismissed it on the ground that it is barred by limitation. The only question that arises for consideration in this appeal is one of limitation.

(2.) A complaint under Section 500, I.P.C., was filed by the defendant against the plaintiff in the Court of a Magistrate on 26 May 1924. By an order dated 8th August 1924, the accused was discharged The defendant filed an application before the Sessions Judge for ordering further enquiry under Section 436, Criminal P.C. Notice was issued to the accused to appear and show cause why a retrial should not be ordered. On cause being shown the application was ultimately dismissed on 25 October 1924. The present suit was instituted on 24 October 1925, i.e., more than one year after the order of discharge but within one year of the dismissal of the application by the Sessions Judge.

(3.) Art. 23, Lim. Act, admittedly applies to this case, and under it one year is to be calculated from the date "when the plaintiff is acquitted or the prosecution is otherwise terminated." This was not a case of acquittal at all. We have to see when the prosecution terminated. Obviously the article implies the final termination.