The Punjab and Haryana High Court has made it clear that every failed prosecution cannot be branded as malicious. The assertion came as Justice Pankaj Jain ruled that a person seeking damages for malicious prosecution must establish not only that the prosecution terminated in his favour, but it was also launched without reasonable and probable cause and with an oblique motive.
Allowing an appeal filed by a complainant in a vigilance case, Justice Pankaj Jain set aside concurrent judgments and decrees of the courts below which had awarded Rs 80,000 to the accused person as token damages for mental anguish, agony, pain and suffering allegedly caused by imputations made against him.
The dispute arose after the complainant approached Punjab Vigilance Bureau Director alleging that the person had acquired numerous properties through corrupt means. The person subsequently instituted a civil suit seeking recovery of Rs 10 lakh along with 18 per cent per annum interest, on the ground that the allegations were false, scandalous and baseless and had been made with the ulterior motive of defaming him.
Contesting the claim, the complainant-defendant denied that the imputations were made with any intention to harm reputation. The allegations were made in good faith and under a bona fide belief, and that there was no malice on her part.
The trial court decreed the person’s suit and held that he was entitled to recover Rs 80,000 from the complainant-defendant as token damages for the mental anguish, agony, pain and suffering allegedly caused by the defamatory circulation arising out of the imputations. The decree was affirmed by the lower appellate court.
Appearing before Justice Jain’s Bench, counsel for complainant argued she could not be accused of malicious prosecution merely because the person been acquitted in the complaint proceedings. It was contended that the allegations were levelled under a bona fide belief and that neither of the courts below had recorded any finding regarding any oblique motive on her part.
Opposing the appeal, the counsel for the other side contended that the allegations were made only to defame the person among his seniors and subordinates. It was further argued that an affidavit filed by the complainant was found to be false and scandalous and he started abstaining from social and religious gatherings because of the allegations.
Referring to a Supreme Court judgment, Justice Jain observed that two essential elements must coexist in a suit seeking damages for malicious prosecution. “In suits seeking damages on account of malicious prosecution, there are two essential elements, namely that the plaintiff was prosecuted without any reasonable and probable cause and with an oblique motive; and that prosecution or suit terminated in some way favorably to the defendant therein.”
Justice Jain further observed that the burden was on the plaintiff to establish malicious prosecution. “It is upon the plaintiff to show not only that the defendant prosecuted him unsuccessfully, but without any reasonable and probable cause and with ulterior motive.”
Justice Jain added law provided for compensation for malicious prosecution, but not for wrongful, uncalled for or failed prosecution. The Bench added a civil court was required to undertake an independent inquiry and could not base its conclusion solely on the outcome of the earlier proceedings. “Acquittal cannot constitute sole reason to grant a decree in favour of the plaintiff,” the court observed.
Examining the facts of the case, Justice Jain found that the courts below decreed the person’s suit, but did not return a finding regarding an oblique motive on the defendant’s part. The Bench noted that both courts failed to go beyond the grounds on which the person was acquitted or discharged. “Every failed prosecution cannot be labelled as malicious,” the Bench observed.
Allowing the appeal, the court concluded: “In the absence of any finding regarding oblique motive of defendant in filing complaint against the plaintiff, the findings recorded by the Courts below cannot be sustained.”
