suit for damages
Adv.Rajendra Kothari
(Querist) 14 September 2008
This query is : Resolved
I was filed a criminal complaint against two accused peersons before the judicial magistrate under section 420 etc..Unfortunately I failed to produce the required evidence against the accuse and the court discharged the accused without framing the charge against them and dismissed the case.Lateron the accused persons filed suit for damages before the civil judge sr.dn.against me.Can the accused/plaintiff will be succeeded against me?
Rajesh Kumar
(Expert) 14 September 2008
Yes.
Difficult to prove malacious prosecution under Section 211 of IPC, for in this proceeding the complainant has to prove that the complainant had no reasonable cause to proceed.
However, in a civil proceeding, standard of proof required is much less, and you may have to establish reasonable cause. If the claim is also for defamation,you are required to prove truth. Thus the onus is more on you in defending the claim.
Adv.Rajendra Kothari
(Querist) 19 September 2008
Thank you rajesh.Kindly send any material on same point if you having & oblige.
