- (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: "250.(1 If, in any case instituted upon complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one; or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid. (2 The Magistrate shall record and consider any cause which such complainant or informant may show, if he is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be recorded, make an order that compensation to such amount, not exceeding the amount of fine he is empowered to impose, as he may determine, be paid by such complainant or informant to the accused or to each or any of them. (3- (5 * * * (6 A complainant or informant who has been ordered under sub-section (2 by a Magistrate of the Second Class to pay compensation exceeding one hundred rupees, may appeal from the order, as if such complainant or informant had been convicted on a trial held by such Magistrate. ";