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Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     04 March 2012

Complaint against malicious prosecution if accused acquitted

Dear All Experts,

 

Please opine as to what an Accused has to do if he can file a complaint against malicious prosecution after his acquittal by MM Court in a Section 138 NI criminal complaint.  Complaint dismissed. Accused acquitted. He was troubled for 7 years. He wishes to get his grievances redressed in a ciminal court.

 

Thanks in anticipation.



 8 Replies

H. S. Thukral (Lawyer)     04 March 2012

File complaint under 211/500 IPC. Complaint should fulfil essentials of the offence.  

Shantilal Pandya ( Advocate)     04 March 2012

 you can file complaint against the otherside  for malicious  prosecution only  if the  complaint in which you  are acquitted was  with malice  and  without  just ground ,, the fact that you  are acquitted i does not  ipsofacto mean that the  complaint  agaist you  was  malicious , inability to prove  or the evidence  falling short of  reqire standard is  alo no ground to  prove malice ,, what  are the ground upon whic you are aquitted ?

 study the judgement  first , if you are  acquitted  on technical  ground   you are not likely to  be  succesful in your  complaint 

 

 however  if you  can  prove  malice on the part of the  complainant , you  can  have   the cause of  action , you  can file  even  civil suit to  recover  damages 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 March 2012

Acquittal in itself is no ground for filing malicious prosecution. If you file a case, it has to be proved by you.

 

So actual malice has to be shown to exist in fact as well as in law.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     04 March 2012

Dear Querist,

As aforesaid - mere acquittal would not create civil or criminal liability. There should be malice on part of the complainant in pursuing the case against you that resulted in acquittal. Malice in law means lack of legal justification/reasonable grounds for complaint, malice in fact means evil intention - the desire to cause wrongfull loss by means of this prosecution. If either of the elements are not proved your claim for damages would fall, Hence future legal action depends on the judgment of your acquittal. 

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     05 March 2012

Thank everyone for the vauled response.

Jatin Sapra 9312223345,Delhi (Advocate)     05 March 2012

Dear Sir,

Simply you can be compensated by the court under section 250 Cr.P.C by moving an application whwreto detailing the harrassment suffered and further considering into the grounds of ur  acquittal in 138 case.

Regards:

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 March 2012

Compensation under CrPC 250 is peanuts.


Regards,

 
Shonee Kapoor
harassed.by.498a@gmail.com

Vardhaman Magdum (ADVOCATE)     11 February 2013

 

I would like to quote the case law on malicious prosecution of 

Hon'ble Delhi Highcourt, IA No. 10367/2007 in CS(OS)569/2006.

I think this case woud help.


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