SAH CHATURBHUJ Vs. SAH MAUJI RAM

JUDGEMENT

(1.) These are two plaintiff's first appeals arising out of two suits to recover damages for malicious prosecution. The facts which have given rise to the litigation between the parties, can briefly be stated as follows: The following pedigree will show the relationship between Chaturbhuj, plaintiff, and Mauji Ram, defendant.

(2.) The plaintiff, Sah Chaturbhuj, alleged that owing to the enmity which exists between him and Mauji Ram, defendant, the latter complained to the Superintendent of Police of Mainpuri who directed on that complaint that proceedings under Section 107, Criminal P.C., should be taken against Chaturbhuj and certain other persons. When the case under Section 107, Criminal P.C., was pending in the Court of a Magistrate at Mainpuri the defendant made a complaint under Section 506, I.P.C., against the plaintiff. The case was tried by the same Magistrate who had heard the case under Section 107, Criminal P.C. The plaintiff alleged that the complaint made against him under Section 506, I.P.C., was false to the knowledge of the defendant and was filed without reasonable and probable cause and maliciously. it is also the case of the plaintiff that the proceedings under Section 107, Criminal P.C., were also started at the instance of the defendant falsely, maliciously and without any reasonable and probable cause. The learned Magistrate, who heard both these cases, found that the complaint under Section 506, I.P.C., was true and further that the case under Section 107 Criminal P.C. was one in which it was necessary to bind down Chaturbhuj, plaintiff. In the case under Section 107, Criminal P.C., he was bound over for a period of one year. Against these two orders Chaturbhuj, plaintiff, preferred appeals to the Court of the Sessions Judge of Mainpuri, who held that both the complaints were untrue and therefore he acquitted the plaintiff in respect of the charge under Section 506, I.P.C., and also passed an order of discharge in connexion with the case under Section 107, Criminal P.C.

(3.) After the termination of the above mentioned two cases, Chaturbhuj, plaintiff, instituted two suits for malicious prosecution against Mauji Ram, defendant. Appeal No. 381 of 1931 relates to the charge under Section 506, I.P.C., while Appeal No. 380 of 1931 relates to the case which had been started under Section 107, Criminal P.C. The defence in both the cases was that the charges were true and there was no want of reasonable and probable cause. The learned Subordinate Judge, who tried the two cases , came to the conclusion that the plaintiff had failed to make out the cases set up by him. In his opinion in both the cases the charges were true. The result was that both the suits were dismissed. The plaintiff has preferred these two appeals against the decision of the learned Subordinate Judge. In the Court below the evidence was recorded in respect of both complaints in one suit, but separate judgments were given. In our opinion it will be convenient if we deal with these two appeals separately. We first propose to deal with the case in connexion with the charge under Section 506, I.P.C.