Bhagwan Singh vs Harmukh and Another

Aikman, J.—The applicant filed a complaint in Court charging Harmukh and Baldeo with an offence u/s 457 of the Indian Penal Code. The Magistrate, without issuing process for the attendance of the persons complained against, dismissed the complaint u/s 203 of the Code of Criminal Procedure, and u/s 250 ordered the complainant to pay Rs. 50 compensation to each of the persons complained against. In my opinion the order is not justified by the terms of Section 250, inasmuch as there was neither an order discharging nor an order acquitting the accused. I may add that the reasons given by the Magistrate for holding the complaint to be false are not to my mind at all convincing. I set aside the order of the Magistrate directing Bhagwan Singh to pay compensation. Any amount paid under that order must be refunded to him.