malicious prosecution
rajagopal venkataraman
(Querist) 31 October 2010
This query is : Resolved
Chennai Jurisdiction .138 cases were filed against me during 2007 after presenting the installment cheques even after when an award was passed by the arbitration in 2006 for the entire loan amount including the installment amount. The case was contested and during the trail the liability was assigned to another bank and finally loan amount was settled and the bank withdrew the complaint under section 257 and i was acquited .i want to file a prosecution case against the original lender and claim compensation .What is the scope on the outlook Thank You
s.subramanian
(Expert) 31 October 2010
Since the complaint has been withdrawn on your discharging the full liability,you cannot file any proceeding for compensation. It will be a futile exercise.
s.subramanian
(Expert) 31 October 2010
For filing a proceeding for malicious prosecution,the criminal case must have been disposed of on merits ending in your acquittal.
G. ARAVINTHAN
(Expert) 31 October 2010
Only can be filed if Court has acquitted you after deciding the case on merits
Devajyoti Barman
(Expert) 31 October 2010
Yes. However even without it if you could prove the mala fide intention or some sinister design behind it then also you could file case for malicious prosecution.
rajagopal venkataraman
(Querist) 31 October 2010
Thank you all of you Sir,
I have a lot to prove the malafide intention of the lender .Prior to this there is a private complaint on them intiated by in the magistrate court seeking direction under 200 crpc and 156 clause3 .In that case eventhough the CCB team after filing FIR dropped the case .But a notice from the court was not received by me to raise protection .The court was not filed with the FIR by the CCB Team .
Iam trying to trace the FIR and reopen the case through my old private complaint and at the same time trying to proceed malacios
prosecution
Please advise me further .Iwant to seek remedy for malpractices done by the lender and the mental torture given to me using the 138 section
bhupender sharma
(Expert) 02 November 2010
The basic fundamental of the malicious posecution is that the person should not have any reasonable and probable cause for initiationof the proceeding against him. Here is reasonable and probable ause exist for the bank to initiate the proceddings under section 138 of the N.I. Act. U will not succed at any cost.It is up to u to prove that there does not exist any reasonable and probale cause or initation of the proceddings by the bank.
Sri Vijayan.A
(Expert) 03 November 2010
Dear Mr. Rajagopal Venkata Raman,
Proving the malafide intention is a tough task.
So, have a consultation with local lawyer.
Furnish him all the details, deeds, documents whatever u r having. After scrutinising all the above, he may opine you.
