JUDGMENT

Defendant in O.S.308 of 1999 on the file of Munsiff Court, Erattupetta is the appellant. Plaintiff is the respondent. Respondent instituted the suit claiming damages for malicious prosecution. Appellant admittedly lodged Ext.B4 First Information Statement alleging that on 24.11.1994, at about 6 pm, while he was walking through Kollappally-Nelloor road and reached in front of Kadanadu village office, four persons including respondent wrongly restrained him and voluntarily caused hurt to him by beating with a stick and he sustained injuries in the hands of appellant. Police, after investigation, on the basis of the statement of appellant, lodged Ext.B1 charge sheet before Judicial First Class Magistrate, Erattupetta. Appellant, along with three others, were tried and finally under Ext.A1 judgment, he was acquitted. Respondent, contending that he was falsely implicated and was prosecuted without any probable and reasonable cause and with malice, claimed damages for malicious prosecution. He claimed that because of the prosecution, he sustained loss of reputation, mental agony RSA 1084/2007 2 and had to meet expenses to defend the case. It was claimed that being a member of the