FAKIR DAS DUTT Vs. GAYA DHAR JANA

JUDGEMENT

(1.) This is an appeal under Section 250(3) of the Criminal P. C. against an order of a Presidency Magistrate by which the appellant was directed to pay compensation to the two respondents in the sum of Rs. 50/- each, in default, to suffer simple imprisonment for fifteen days each.

(2.) It appears that there was a case and a counter-case tried by the learned Magistrate both of which ended in acquittal. It is not necessary to refer to the facts' of those cases for the purpose of dealing with the disposing of the present appeal; suffice it to say that the learned Magistrate did not believe the allegations made by the present appellant in the case which he brought against the respondents. On the date the learned Magistrate delivered judgment in the case in which the appellant figured as the complainant he called upon him to show cause Under Section 250 of the Criminal P. C. why he should not be ordered to pay compensation to each of the respondents who were the accused in that case for having brought false and vexatious charges against them. The charges which were brought by the appellant were under Sections 323, 504 and 426 of the I. P. C.

(3.) On the very same day, that is to say 9-7-1955 the learned Magistrate made an order to the following effect: