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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
Harcharan Singh – Appellant
Versus
Punjab state coop. Bank limited – Respondent
JUDGMENT :
Pankaj Jain, J.
CM-8598-C-2019
This is an application for condonation of delay of 01 day in filing the appeal.
For the reasons mentioned in the application, the same is allowed. Delay of 01 day in filing the appeal stands condoned.
Main case
1. Plaintiff is in second appeal.
2. Plaintiff filed suit seeking recovery of Rs.10 lacs as damages alleging malicious prosecution at the hands of defendants.
3. Plaintiff who was employed with defendants and was posted as Branch Manager of the Bank in Sector 47, Chandigarh was named as accused in a criminal case arising out of FIR No.176 dated 30.08.1999 registered for offences punishable under Sections 420, 467, 468, 471 and 120-B IPC. The trial culminated in the order of acquittal. The plaintiff remained in judicial custody from 07.02.2000 to 05.05.2000. The plaintiff claimed that the FIR was result of inimical attitude of defendants against him. Plaintiff claims that he was due for promotion when he was falsely implicated in the criminal case. Apart from losing his career, he lost his mother and suffered huge financial, personal and reputational loss. He accordingly sought Rs.10 lacs as damages.
4. Suit was contested by the defendants. As
To claim damages for malicious prosecution, a plaintiff must prove both lack of reasonable cause and that the prosecution was initiated with malice.
To establish malicious prosecution, a plaintiff must prove both a lack of reasonable cause and a favorable termination of the proceedings; mere acquittal does not suffice.
To succeed in a suit for malicious prosecution, a plaintiff must prove the defendant acted without reasonable cause and with malice.
The judgment established that the proof of the four elements required for a tort of malicious prosecution cannot be adduced at the stage of an Order VII Rule 11 CPC application, and highlighted the n....
In a malicious prosecution case, the prosecutor must have reasonable and probable cause to initiate the prosecution, and must not act with malice. If the prosecutor fails to establish these elements,....
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