AI Structured Summary
Not yet generated for this judgment
Judgment
2 paragraphs · 96 words
1.
The Rule must be made absolute and the order awarding compensation to the accused u/s 250 must be set aside. The sum, if it has been paid, must be refunded.
2.
The reason is that Section 250 of the Criminal Procedure Code applies only to a case where a person is accused before a Magistrate of any offence triable by a Magistrate, and here the person accused was accused of an offence u/s 436 of the Indian Penal Code which is not triable by a Magistrate, but is triable exclusively by a Court of Session.