1929  Present: Fisher C.J. and Drieberg J.

SELVATHURAI v. SOMASUNDERAM.

116-D. C. Trincomalee, 1,284.

Malicious prosecution-Reasonable and probable cauuse-Mere honest belief in facts of charge-No basis for criminal charge-Malice.

In an action to recover damages for malicious prosecution, a mere honest belief on the part of the defendant in certain facts, which afford no basis for a criminal charge, coupled with the laying of a charge, cannot be regarded as reasonable and probable cause for making the charge.

Where, despite the dismissal of the charge by the Magistrate, the defendant endeavoured to reopen proceedings by petitioning the Attorney-General,-

Held, that persistance in the charge amounted to malice on the part of the defendant.

THIS was an action to recover damages from the defendant for having falsely and maliciously charged the plaintiff in the Police Court of Trincomalee with the offence of cheating. The circumstances under which the charge was laid are set out in the judgment. The learned District Judge held that there was reasonable and probable cause for instituting the charge and dismissed the plaintiff's acti