1. For the reason given by the learned Sessions Judge and following the decision of Banerji, J., in In the matter of the complaint of Safdar Husain 25 A. 315 we set aside, as having been made without jurisdiction, the order awarding compensation in this case.
2. The course taken by the Sub-Divisional Magistrate in including in his order for the discharge of the two accused an order calling on their accuser to show cause why he should not pay them compensation and subsequently, after hearing the accuser, making the award, may seem to be perfectly fair and reasonable; but it does not fulfil the requirements of Section 250 of the Criminal Procedure Code. What that section evidently contemplates and, if carefully read, will be found expressly to require, is that, before a Magistrate makes it the ground, or a ground for discharging a person complained against that the complaint was frivolous or vexatious, he shall hear the complainant on that aspect of the case and unless he does this, the whole proceeding as to compensation is bad.