JUDGMENT

Gokul Prasad, J. - This is a plaintiff's appeal arising out of a suit for damages for malicious prosecution. The plaintiff's case is that the defendant filed a complaint against him u/s 342 of the Indian Penal Code, that the plaintiff was acquitted of that charge which was malicious and has now sued the defendant claiming Rs. 668 as damages. The defence taken was that the complaint was true and was not malicious. The first Court found that the complaint was malicious and without reasonable and probable cause and decreed Rs. 300 as damages. On appeal the lower appellate Court has, in a so-called judgment, come to the finding that the plaintiff has failed to discharge the burden of proof which lay very heavily upon him, and has allowed the appeal and dismissed the suit. The learned Munsif took a good deal of trouble in discussing the evidence adduced in this case and the probabilities of the case and came to the conclusion favourable to the plaintiff. The learned Judge has discussed two of the reasons given by the Munsif for coming to the conclusion at which he has arrived, namely, that the admitted enmity out both ways and was not conclusive on the question of truth or falsi