BHARGAVA, J.—This appeal is from the judgment and decree of the Senior Civil Judge, Ganganagar, dated 7th March, 1963, and arises out of a suit commenced by the plaintiff for recovery of Rs. 10,500/- as damages for malicious prosecution.

2. The defendant is a retired cashier of Tehsil Hanumangarh and on 25th December, 1958, he made a report to the Deputy Inspector General of Police, Bika-ner, that he had been cheated by the plaintiff. It was alleged in the report that the plaintiff by deceit and false representation on the promise of securing quota of sugar in partnership obtained from him a sum of Rs.11900. This money was supplied by the defendant to the plaintiff on various dates. The plaintiff did not obtain the sugar quota in the name of the partnership as promised but obtained it in his own name and that of his son namely Badriprasad Madanlal. The plaintiff sold some sugar and kept on bluffing the defendant that he would give him his share of profits and return the amount invested but ultimately denied having received any amount from him and that he had any share in that sugar business The police after investigation submitted a challan under sec. 420 I. P. G. against the plaint

Click Here to Read the rest of this document