Sadayan Chetti and Others vs Emperor

Jackson, J.—A Magistrate has a large discretion u/s 257, Criminal P.C. and if Kaile Lakshmayya and Others Vs. King-Emperor, goes so

far as to hold that once a Magistrate has summoned witnesses u/s 257, he is bound to compel their attendance although he is satisfied that it is

unnecessary for the purposes of justice, I respectfully disagree.

However, in the present case the accused clearly explained that they wanted an adjournment because their vakil was ill, and as the witnesses

were subsequently present there is no apparent reason for not letting them be cross-examined. The sentence is cancelled and the case ordered to

be taken up as from when the cross-examination was refused. Fines will be refunded.