N.K. Balakrishnan, J.

The defendant in a suit for malicious prosecution is the appellant. The suit was decreed by the trial court directing him to pay Rs.1 lakh to the plaintiff with interest at the rate of 6% per annum from the date of the suit till the date of payment. In the appeal, the appellate court confirmed the decree with regard to the compensation of Rs.75,000/- decreed in favour of the plaintiff as general damages but set aside the decree with regard to the special damages claimed by the plaintiff to the tune of Rs.25,000/-. As against the dismissal of the special damages of Rs.25,000/- the plaintiff had filed Cross Objection No.92/2009.

2. A complaint was given by the defendant to the police against the plaintiff and another alleging commission of offences under Sections 341, 342, 294(b) and 506(ii) r/w Section 34 of I.P.C. Based on the complaint, the police registered a crime as Crime No.88/1998. After investigation, the police filed a refer report. Hence, the defendant filed a protest complaint before the learned Magistrate as CMP No.4491/1998. On 25.11.1999 to which date, the case was posted for trial for recording the evidence of the complainant, he was abse