MOHAN LAL SARAJI Vs. MOHINI MOHAN DAS

JUDGEMENT

(1.) This is a rule against an order dated 5 July 1947, directing an accused to pay to the complainant opposite party Rs. 50 as adjournment costs.

(2.) We may note that although when the rule was issued care was taken to make it clear that only proceedings in connection with the matter of Rs. 50 should be stayed, unfortunately the order also directed the record to be called for. The result is that over this comparatively trivial matter a pending case has been held up for about three months.

(3.) The accused was being tried on a charge of cheating, and as it is not uncommon in such cases he has been giving some trouble to the Court in the matter of his attendance. He was absent on 28 March, sent a telegram and the surety filed a petition with the telegram saying that the accused was ill. He appeared on 30 April, 23 May, and again failed to appear on 19 June. A petition was filed with a medical certificate which the Magistrate apparently was not disposed to accept and he directed the accused to file a certificate from the Civil Surgeon. In case of the failure of the accused to file such a certificate he was to pay adjournment costs of Rs. 50. On 5 July it was noted that the accused had not filed the certificate and instead he filed a petition stating that a certificate from the Civil Surgeon could not be filed as he was not under the treatment of the Civil Surgeon and that the Civil Surgeon's office was at different place from where the accused resided. The Magistrate accordingly directed the accused to pay Rs. 50 to the complainant as adjournment costs. It is these orders which are now challenged before us.