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Parthasarathi Naicker Vs. T. Krishnaswami Aiyar - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in(1928)54MLJ641
AppellantParthasarathi Naicker
RespondentT. Krishnaswami Aiyar
Excerpt:
- .....j.1. this is an application to revise the order of the sub-divisional magistrate of saidapet, awarding compensation to the accused in a case brought by the petitioner. the learned magistrate disposed of the case after hearing only five of the prosecution witnesses and he did not care to examine the rest of the evidence as he thought that the remaining witnesses would not materially help the case. in these circumstances, he was not justified in awarding compensation to the accused. it is only after the examination of all the evidence the complainant wanted to adduce that he could come to the conclusion that the case is false and vexatious. no doubt he was entitled at any stage to discharge the accused, but that would not be a ground for awarding compensation to the accused. i.....
Judgment:
ORDER

Devadoss, J.

1. This is an application to revise the order of the Sub-Divisional Magistrate of Saidapet, awarding compensation to the accused in a case brought by the petitioner. The learned Magistrate disposed of the case after hearing only five of the prosecution witnesses and he did not care to examine the rest of the evidence as he thought that the remaining witnesses would not materially help the case. In these circumstances, he was not justified in awarding compensation to the accused. It is only after the examination of all the evidence the complainant wanted to adduce that he could come to the conclusion that the case is false and vexatious. No doubt he was entitled at any stage to discharge the accused, but that would not be a ground for awarding compensation to the accused. I therefore set aside the order of compensation and direct the amount, if recovered, to be refunded to the petitioner.


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