( 1 ) THIS Letters Patent appeal by the plaintiff in a suit for damages for malicious prosecution is from a judgment of Tare, J. , in second appeal No. 243 of 1957 whereby reversing the decision of the Second Additional District Judge, Sagar, he dismissed the plaintiffs suit.

( 2 ) THE plaintiff's case, stated quite broadly, was that he was a respectable citizen of Khurai and of the State and was also President of the All India Digamber Jain Parwar Sab^a and of Municipal Committee, Khorai; that the respondent Sharma was on inimical terms with him and bore malice against him for various reasons; that in order to disgrace him Sharma as President of the Municipal Committee lodged a report with Khurai police that a road roller belonging to the Municipal Committee Bad been stolen by him and was lying on his farm; that when the police declined to take any action on this report the said respondent directed the second respondent Shridhar Ghanshayam, an employee of the Municipal Committee, to lodge a complaint against him, his brother and an agent in respect of an offence under Sections 379 and 411 I. P. C; and that on the 17th July, 1952, the complaint was dismissed by the Sec