In Powell v. Cohen, 116 Ga. App. 48, 50-51 (156 SE2d 495) (1967), the plaintiff had stopped payment on a check given to the defendant for bicycle repairs, alleging that the repairs had not been made. The defendant then swore out a warrant against the plaintiff for criminal fraud, and the plaintiff spent two days in jail before making bond. Following his acquittal, the plaintiff sued for malicious prosecution, but the trial court dismissed his complaint on the grounds he had failed to allege facts showing a lack of probable cause. The Court reversed, holding that the facts alleged were sufficient to send the question of probable cause to a jury, explaining: The gravamen of the offense charged is the intent to defraud, the obtaining of something of value without paying for it; where the party receiving the check parts with nothing of value in return for it the offense is not proved. The plaintiff here alleges that he stopped payment on the check because the repairs for which the check was given were not made. If the defendant, knowing these facts to be true, procured the prosecution by false testimony as alleged, such misconduct would amount to malicious prosecution. Id.