NANDKUMAR KRISHNARAO NAVGIRE Vs. JANANATH LAXMAN KUSHALKAR

JUDGEMENT

(1.) This appeal by special leave is against the judgment and order of a learned Single Judge of the High court of Judicature at Bombay declining to upset an order of the Chief Judicial Magistrate, First Class, Pune, whereby notice issued against the complainant-respondent under Section 250 of the code of Criminal Procedure was discharged.

(2.) It is seen that the State at the instance of the complainant had prosecuted the appellant and another on charges of cheating, criminal breach of trust, etc. The appellant was acquitted of the charges by the Presiding officer of the court who issued simultaneously a notice to the complainant- respondent as to why he should not be ordered to pay compensation under section 250 of the Criminal Procedure Code. By the time the respondent could give his response, the Presiding Officer got changed. The succeeding one took the view that he had no jurisdiction to proceed further in the matter under Section 250 of the Code of Criminal Procedure. He opined that jurisdiction conferred on a Magistrate under Section 250 of the Code of criminal Procedure was personal to the incumbent and that a successor could not continue with the proceedings. That order has been upheld by the high court in revision.

(3.) Section 250 insofar as relevant is extracted below: