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TMI Blog2025 (2) TMI 369X X X X Extracts X X X X X X X X Extracts X X X X ..... amed. In fact, there was no evidence to show that any damage or harassment had been caused to the plaintiff. It must be remembered that the institution of a legal proceeding by the defendant against the plaintiff maliciously and without reasonable and probable cause is actionable in tort on proof of damage either to his reputation or to his property. In the present case, the petitioner/plaintiff has failed to prove any damage either to his reputation or to his property or to his person. The learned first Appellate Court upon detailed appraisal of the evidence and pleadings on record held that the proceedings instituted by the defendant against the plaintiff upon dishonouring of the cheque were not instituted on the basis of some malice. As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is allowed and the delay of 16 days in filing the accompanying appeal is condoned. RSA-258-2025 (O&M) The plaintiff is in second appeal before this Court against the judgment and decree dated 30.09.2024 passed by the learned First Appellate Court thereby reversing the well reasoned judgment and decree dated 09.03.2020 passed by learned Civil Judge (Senior Division), Amritsar, whereby the suit filed by the appellant/plaintiff for recovery of Rs. 20 lacs as damages/compensation on account of defamation, mental pain, agony, harassment, tension and financial loss caused to the appellant/plaintiff due to the filing of false litigation by the respondent/defendant, was partly decreed by the learned trial Court with costs to the effect that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the plaintiff and to grab his property. After the long trial, the complaint filed by the defendant under Section 138 of the Negotiable Instrument Act was dismissed and plaintiff was acquitted by the court of Sh. Jaginder Singh, JMIC, Amritsar vide order dated 16.02.2017. Thus due to the illegal acts of the defendant, plaintiff had suffered a great humiliation, harassment, mental pain, agony and torture besides defamation and financial loss. The reputation of the plaintiff has also been lowered in the eyes of his relatives, friends and known persons. And, therefore, plaintiff has claimed a sum of Rs. Twenty Lacs from the defendant as damages/compensation along with costs. 4. Upon notice, the defendant had put in appearance and filed writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecided in favour of the plaintiff. Learned trial Court, accordingly, partly decreed the suit of the plaintiff with costs holding that the plaintiff is entitled for recovery of Rs. 2 lacs from the defendant. 7. Against the above said judgment and decree dated 09.03.2020 passed by learned trial Court, the defendant went in appeal before the learned District Judge, Amritsar. Vide the impugned judgment and decree dated 30.09.2024, the appeal filed by the respondent/defendant has been allowed by the learned District Judge, Amritsar, setting aside the judgment and decree of the learned trial Court dated 09.03.2020 and dismissing the suit of the plaintiff. Hence, the present second appeal. 8. Learned counsel for the appellant/plaintiff assails t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us prosecution. The basic requirements/ingredients of malicious prosecution i.e. i) the proceedings must have been instituted or continued by the defendant; ii) he must have acted without reasonable and probable cause; iii) he must have acted maliciously; iv) in certain classes of cases the proceedings must have been unsuccessful that is to say, must have terminated in favour of the plaintiff now suing; v) as a result of the malicious prosecution, the plaintiff has suffered damage; and vi) that damages might be claimed in such an action under three heads, (1) damage to the person, (2) damage to property, and (3) damage to reputation. From the records the plaintiff has failed to prove the above ingredients, especially that any damage has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nst him by the defendant. The learned Trial court has also held that there is no evidence to suggest any financial loss, or even mental agony, tension, as well as loss of reputation etc. to have been suffered by the plaintiff. It is also relevant that even in the plaint the damages/compensation or mental pain and agony have not been quantified by the plaintiff. In such a situation, there was no cause to partly decree the suit of the plaintiff for recovery of ₹2, lakhs/- against the respondent. 13. Furthermore, the learned first Appellate Court upon detailed appraisal of the evidence and pleadings on record held that the proceedings instituted by the defendant against the plaintiff upon dishonouring of the cheque were not instituted o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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