K SHEIK MEERAN SAHIB Vs. CRATNAVELU MUDALI

JUDGEMENT

(1.) The plaintiff in this case alleges that the defendant preferred a complaint in the Presidency Magistrate s Court charging the plaintiff with the offence of defamation, which on the 30th July last was dismissed, under Section 203 of the Criminal Procedure Code, after a preliminary inquiry, and prays for damages for the malicious prosecution of the plaintiff.

(2.) Upon the case coming on for settlement of issues counsel for the defendant argued that the plaint does not disclose a cause of action, becausee the facts averred show that that there was no prosecution by the defendant. It is admitted that no process was issued to compel the attendance of the plaintiff before the Magistrate, but the latter issued a notice (Exhibit A) to the plaintiff and held an inquiry under Section 202 of the Code, and after hearing counsel for both parties dismissed the complaint.

(3.) The notice recites that the defendant had filed an information and complaint before the Magistrate, charging the plaintiff with the offence of having defamed the former and praying that a summons might issue against the latter, and continues as follows:-- "Notice is hereby given that a preliminary inquiry will be held in the matter of complaint at this Court at 11 A.M. on the third day of July 1912."