Case Note & Summary
The plaintiff, Shyam Sunder Bubna, filed a suit for malicious prosecution against M/s. Savani Transport Private Limited and its branch manager, Akhtar Husain, claiming damages of Rs.2,50,000/- with interest. The plaintiff alleged that the defendants maliciously prosecuted him in Criminal Case No. 135/S of 1982 under Section 138 of the Negotiable Instruments Act, 1881, and Section 420 of the Indian Penal Code, 1860, arising from the dishonour of cheques issued by the plaintiff. The plaintiff had intervened in a dispute between the defendant company and one Kailashchand Agarwal, a relative of the plaintiff, and at the request of the first defendant, issued twelve cheques of Rs.1,000/- each and one cheque of Rs.1,046.14. The cheques were dishonoured, leading to the criminal complaint. The plaintiff was acquitted in the criminal case. The court examined the essential ingredients of malicious prosecution: (1) that the plaintiff was prosecuted by the defendants, (2) that the prosecution ended in the plaintiff's favour, (3) that the defendants acted without reasonable and probable cause, and (4) that they acted maliciously. The court held that while the plaintiff proved the first two ingredients, he failed to prove the third and fourth. The court noted that the defendants had a reasonable and probable cause to file the complaint as the cheques were dishonoured, and the plaintiff did not prove that the defendants acted with malice. The court also observed that the plaintiff did not plead or prove any special damages. Consequently, the suit was dismissed with costs.
Headnote
A) Malicious Prosecution - Essential Ingredients - Malice and Reasonable and Probable Cause - The plaintiff must prove both that the defendants acted maliciously and that they had no reasonable and probable cause to initiate the prosecution. Mere acquittal in the criminal case does not establish malice or lack of reasonable cause. (Paras 1-10) B) Malicious Prosecution - Burden of Proof - The burden lies on the plaintiff to affirmatively prove malice and absence of reasonable and probable cause. The court must examine the totality of circumstances leading to the prosecution. (Paras 5-10) C) Malicious Prosecution - Damages - Special Damages - The plaintiff must plead and prove actual damage suffered as a result of the malicious prosecution. General damages for loss of reputation may be awarded if malice is proved, but the plaintiff failed to prove any special damages. (Paras 11-15)
Issue of Consideration
Whether the plaintiff has proved that the defendants maliciously prosecuted him without reasonable and probable cause, entitling him to damages.
Final Decision
The suit is dismissed with costs.
Law Points
- Malicious prosecution
- malice
- reasonable and probable cause
- acquittal not conclusive
- burden of proof
- damages
