DEVENDRA CHANDRA PAUL Vs. HARIDAS DEB

JUDGEMENT

(1.) THIS is a reference made by the learned Sessions Judge of Tripura under Section 438, Cr.P.C. recommending that the order of the learned Magistrate First Class, Sadar, directing the complainant under Section 260 of the Code of Criminal Procedure to pay compensation of Rs. 50/ - to the accused opposite party, in default of payment to suffer simple Imprisonment for 10 days, is bad in law and should be set aside.

(2.) THE facts out of which this reference arises are briefly as follows:

(3.) IT appears that no time was allowed to the petitioner to show cause why an order should not be made against him under Section 250 of the Code of Criminal Procedure with the result that the petitioner showed cause then and there and the learned Magistrate considered the cause thus shown and made straightway an order under Section 250 Cr.P.C. by which he directed the petitioner Id pay compensation to the opposite party. It is against this order that the learned Sessions Judge has made this reference.