False case filed against me

 In case of criminal matter, you may seek compensation by filing suit for malicious prosecution. However, judgment must contain the findings to the effect that prosecution faced is malicious one. In civil litigation also you may seek compensation.

I think even if there is no finding in the judgment that the prosecution was malicious, even then suit for damages can be filed. The plaintiff has to prove absence of reasonable and probable cause for prosecution.

The action for damages for malicious prosecution is part of the Common Law of England. In India the law on the subject is exactly the same as the Law in England and the USA.The foundation of the action lies in abuse of the process of the Court by wrongfully setting the law in motion and it is designed to discourage the perversion of the machinery of justice for an improper purpose.

In order that an action for malicious prosecution may be succeed the following elements may be proved by the Plaintiff.

1.The proceedings must have been instituted or continued by the defendant.

2.The proceedings must have been unseccessful- that is to say, must have been terminated in favor of the plaintiff now suing.

3.The defendants must have acted without reasonable and probable cause.

4.The defendants must have acted maliciously.

20 TH FEB.,2009

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING YOUR QUESTION ABOUT FALSE CASE KINDLY NOTE THAT

1.KINDLY APPLY FOR CERTIFIED COPY OF THE CASE FILED AGAINST YOU

2.YOU MAY APPROACH HIGH COURT UNDER PROVISIONS OF SEC.482 CRIMINAL PROCEDURE CODE.ENCLOSE THE CERTIFIED COPY OF THE COMPLAINT  AND PRAY FOR QUASHING THE FALSE CASE FILED AGAINST YOU.

YOU WILL GET SUCCESS AND CAN  SAVE MONEY AND TIME.AND YOU AND YOUR FAMILY  WILL BE PREVENTING YOUR DEFAMATION AND MENTALTORTURE AND HARASSMENT.

YOU CAN FILE A CIVIL SUIT AND CLAIM COMPENSATION FOR DEFAMATIONAND FOR MENTAL TORTURE AND HARASSMENT AND FOR LEGAL AND OTHER EXPENSES.

YOU CAN ALSO FILE A CRIMINAL COMPLAINT DIRECTLY IN THE COURT AND PRAY FOR PUNISHMENT TO ACCUSED FOR DEFAMATION UNDER SECTION 500, 501,502 OF INDIAN PENAL CODE

KINDLY SEND DETAILS  IN CASE YOU NEED ANY FURTHER HELP

WITH BEST REGARDS

THANKING YOU.

NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE