Beasley, J.

1. This preliminary issue which is whether there has been in law a prosecution, can be disposed of very shortly because there is a recent decision, Pedda Sanjivi Reddy v. Kondagari Koneri Reddi 93 Ind. Cas. 8 23 L.W. 327 : 50 M.L.J. 460 : 49 M. 315 : A.I.R. 1926 Mad. 521, of a Bench of this Court consisting of the Chief Justice and Mr. Justice Viswanatha Sastri which, in my view, concludes the whole matter.

2. The facts in this case are that the defendant filed a complaint before the Presidency Magistrate, George Town, Madras, charging the plaintiff with a criminal offence, viz., criminal breach of trust The Magistrate held an enquiry himself presumably under Section 202 of the Cr.P.C. after issuing notice to the plaintiff giving him an opportunity to attend the enquiry. In fact he did attend the enquiry and the result of it was that the Magistrate dismissed the charge. Accordingly this suit has been filed in this Court by the plaintiff claiming damages for malicious prosecution. These are the admitted facts.

3. What I have got to decide now as a preliminary issue is, when a prosecution starts. Clearly in this case no summons was issued by the Magistrate and accord