Reuben, J.

1. The petitioner filed a first information report under Sections 447 and 380, Penal Code, against Banti Ahir and four other persons, alleging that they had committed house-breaking and theft in his house. The accused persons were acquitted by the First Class Magistrate, Motihari, and, in a proceeding under Sec.250, Criminal P.C., the petitioner was directed by the Magistrate to pay Rs. 100 as compensation to each of the accused persons. The order has been upheld by the Sessions Judge with the modification that the amount payable to each of the accused persons has been reduced to Rs. 50.

2. The order passed by the Magistrate is on the face of it defective as not complying with Sec.250. This section provides that, after cause has been shown by the complainant or informant, as the case may be, if the Magistrate is satisfied that the accusation was false and either frivolous or vexatious, he may direct payment of compensation. This necessarily implies a finding by the Magistrate on two heads firstly, whether the accusation was false, and, secondly, whether it was either frivolous or vexatious. In acquitting the accused persons of the offences charged, the Magistrate