Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Acquittal in Section 138 NI Act Case Does Not Automatically Prove Malicious Prosecution or Entitle Damages

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....HC dismissed second appeal concerning damages claimed for alleged malicious prosecution following dishonored cheque case. Plaintiff failed to establish essential elements of malicious prosecution - damage to reputation, property, or person. Court found no evidence of defamation or mental agony, and determined original Section 138 NI Act proceedings were not maliciously instituted. Mere acquittal in criminal case insufficient to prove malicious prosecution. Lower appellate court correctly noted absence of published negative publicity or demonstrable harm to plaintiff's image. Without proof of actual damages or malicious intent, plaintiff's claim for compensation failed legal threshold for tort of malicious prosecution. Appeal dismissed with no interference in first appellate court's judgment.....