Suit for Damages for Malicious Prosecution ??

Guest (Querist) 22 August 2010 This query is : Resolved
I filed a case under 138 NI Act, which was declined and the accused was given benefit of doubt in 2005.

The opponent filed a suit against me for Damages of RS.300000/-due to Malicious Prosecution.

In Cross,the opponent admitted that he has no documentary evidence to prove that he lost a business of Rs.300000/- and that too because of case filed by me.

What is the probable decision of this case as per your opinion ??

Can the opponent a separate criminal case against me at this point of time ?

Please advise,tons of thanks in advance.

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s.subramanian (Expert) 22 August 2010
Do not Worry. In cases of Malicious prosecution malice has to be proved by the plaintiff strictly. You had a dishonoured cheque with you and on that basis only you filed the case. You had a probable and reasonable cause for prosecuting him. Hence you have good chances of success.

Chanchal Nag Chowdhury (Expert) 22 August 2010
Malicious prosecution is not assumed in every case where a private prosecution fails e.g.,for benefit of doubt.
There is no law in India where one private citizen can be prevented from filing a criminal case against another. Whether he will succeed or not is a different matter altogether.

Devajyoti Barman (Expert) 22 August 2010
Rightly advised by the experts.

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