Sobhit Mallah vs Emperor

The only question which arises in this case is whether an appeal lies against an order passed by a Magistrate of the First Glass u/s 250, Criminal P.C., directing the complainant to pay to each of the several accused as compensation a sum less than Rs. 50 the aggregate sum to be paid to all the accused amounting to more than Rs. 50. In the present case the Deputy Magistrate ordered compensation of Rs. 25 to be paid to each of the eleven accused persons, the aggregate thus amounting to Rs. 275.

The learned Sessions Judge, when the appeal was brought before him against the order of compensation, held that no appeal lies under Clause (3), Section 250 unless the compensation to be paid to any one accused is over Rs. 50. In support of this finding the learned Sessions Judge states that he holds that Sub-section (3), Section 250 is controlled by the wording of Sub-section (2) of that section. It is difficult to understand what grounds he has for his finding, for even if Sub-section (2) does control Sub-section (3) there is nothing to show that an appeal will only lie when the compensation directed to be paid to each individual accused is more than Rs. 50. Sub-section (3) states that a complainant who has been ordered by a Magistrate to pay compensation exceeding Rs. 50 has the right of appeal. It is quite evident that it is the total amount of compensation directed to be paid by the complainant which must form the basis of the decision whether an appeal lies or not, The compensation is a fine which the complainant has to pay for instituting a false and frivolous or vexatious case and his right to appeal clearly depends on the total amount of that compensation. It is obvious that the criterion is the amount of compensation directed to be paid in the case. Section 250 begins with the words. If in any case" and in Sub-section (4) we read the words "when an order for payment of compensation to an accused person is made in a case..."

The present case must go back to the learned Sessions Judge in order that he may hear and decide the appeal according to law.