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2017 (2) TMI 1451 - HC - Indian LawsRecovery towards liquidated damages together with interest - whether the complaint lodged by the defendant was without any probable and reasonable cause to maintain a suit for malicious prosecution? - HELD THAT:- It is well settled that in a suit for malicious prosecution, the entire burden lies on the plaintiff to establish the case. Similarly, it is also well settled that a Civil Court has to conduct independent enquiry before satisfying itself with regard to the absence of reasonable and probable cause for lodging the First Information Report. Therefore, it is the duty of the Court to assess materials independently to satisfy itself as to the absence of probable and reasonable cause. If the Expert was examined before the Court and established that only the defendant has signed the pay slip and signature found in the pay slip is that of the defendant, then it can be easily concluded that the defendant having signed the pay slip, fraudulently implicated the plaintiff in a false case. It is not the case of the plaintiff that defendant having signed the pay slip, has filed a false complaint. Whereas, it is the contention of the defendant that on verification of the accounts and seeing debit entry in her account, she found that a sum of ₹ 2,25,000/- was withdrawn and her signature has been forged. She has given a complaint on genuine apprehension. That being the case, it is the duty of the plaintiff to establish that the pay slip infact was signed by the defendant and thereafter, the defendant has falsely given a complaint. Without establishing the same, it cannot be contended by the plaintiff that there is no probable and reasonable cause for lodging a complaint. When some amounts have been debited from one account, it is normal conduct of any human being to lodge a complaint to the lawful authorities to investigate the matter. The above complaint cannot be construed as a false complaint without any probable and reasonable cause and the same has been made with malicious intention. Merely because, the defendant has not got into the box, the same is not a ground to hold that the plaintiff case is true. Even drawing adverse inference against the defendant at the most this Court can hold that defence of the defendant is not true. Still the plaintiff is not relieved from the initial burden of establishing her case of malicious prosecution. It is for the plaintiff to establish that the complaint lodged against her was without probable and reasonable cause. Admittedly, except the police report and the closure report by the Magistrate, as discussed above, no other evidence is available. Further, it is not established by the plaintiff that the defendant has in fact signed the pay slip by examining the expert or the Investigating Officer. Therefore, this Court is of the view that merely because the defendant has not been examined, the plaintiff cannot succeed automatically. The issues are answered against the plaintiff - suit dismissed.
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