JUDGMENT - DESAI A.A., J.:—This appeal by the original plaintiff against the judgment and decree dismissing the suit for compensation on account of malicious prosecution, as beyond the period of limitation raised a question as to what would be the terminal point of a prosecution for the purposes of Article 74 of the Limitation Act (the Act)?

2. The respondents 1 and 2 original defendants prosecuted the appellant plaintiff for an offence punishable under section 500 of the Indian Penal Code. The learned Magistrate by a judgment dated 28-5-1984 acquitted the plaintiff. The defendants appealed against the order of acquittal. This Court on 12-12-1984 dismissed the appeal.

The plaintiff thereupon on 5-12-1985, filed a civil suit against the defendants claiming damages of Rs. 25,000/- for prosecuting him maliciously. The learned trial Court observed that the cause of action for a claim arose on the date of acquittal i.e. 28-5-1984. The period for limitation under Article 74 of the Act, began to run from that date. The suit filed on 5-12-1985 is as such beyond one year, a period of limitation as prescribed. The learned trial Court, therefore, dismissed the suit. In appeal the same was con

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