EMPEROR Vs. CHHABA DOLSANG

JUDGEMENT

(1.) THE rule must be made absolute and the order awarding compensation to the accused under Section 250 must be set aside. THE sum, if it has been paid, must be refunded.

(2.) THE reason is that Section 250 of the Criminal Procedure Code applies only to a case where a person is accused before a Magistrate of any offence triable by a Magistrate and here the person accused was accused of an offence under Section 436 of the Indian Penal Code which is not triable by a Magistrate, but is triable exclusively by a Court of Session.