( 1 ) THIS is an appeal under Section 250 (3) of the Criminal P. C. against an order of a Presidency Magistrate by which the appellant was directed to pay compensation to the two respondents in the sum of Rs. 50/- each, in default, to suffer simple imprisonment for fifteen days each.

( 2 ) IT appears that there was a case and a counter-case tried by the learned Magistrate both of which ended in acquittal. It is not necessary to refer to the facts' of those cases for the purpose of dealing with the disposing of the present appeal; suffice it to say that the learned Magistrate did not believe the allegations made by the present appellant in the case which he brought against the respondents. On the date the learned Magistrate delivered judgment in the case in which the appellant figured as the complainant he called upon him to show cause Under Section 250 of the Criminal P. C. why he should not be ordered to pay compensation to each of the respondents who were the accused in that case for having brought false and vexatious charges against them. The charges which were brought by the appellant were under Sections 323, 504 and 426 of the I. P. C.

( 3 ) ON the very same day, that is to say 9-7-1955 the learned Magistrate made an order to the following effect:"complt shows cause by petition. Cause shown by him is not satisfactory. He is directed under section 250 Cr. P. C. to pay Rs. 50/- each to each of the accused as compensation i/d 15 days S. I. "

( 4 ) PRESUMABLY the appellant having been called upon to show cause then and there, he complied with the order of the Magistrate and the cause shown by him was not considered satisfactory. ' In that view of the matter the appellant was directed to pay the compensation as stated above.

( 5 ) IT is to be observed that the cause shown by the appellant not having been considered satisfactory he was directed to pay the compensation, although the learned Magistrate did not consider whether the accusation which he had brought was false and either frivolous or vexatious. There is no finding reached as respects the appellant's accusations in the case brought by him against the respondents as to whether they could justly be regarded as false and either vexatious or frivolous. Sub-section (2) of Section 250 of the Criminal P. C. provides that the Magistrate shall record and consider any cause which such complainant or informant may show and if he is satisfied that, the accusation was false and either frivolous or yaxatious may, for reasons to be recorded, direct the compensation to be paid to the persons complained against. It is reasonably clear that what the section requires is that the Magistrate has to form his own opinion as regards the merits of the accusation after he has heard the complainant when he shows cause, and then it becomes the duty of the Magistrate dealing with the matter to record a finding that the case which was brought was false and either frivolous or vexatious. It is not, in my judgment, sufficient compliance with the requirements of the law to record an opinion in the main judgment itself that the allegations made were false and vexatious. The section clearly requires that the finding that the case was false and it was either frivolous or vexatious has to be reached after cause has been shown by the complainant. In the present case, there is no finding recorded by the learned Magistrate which might indicate that he had arrived at the conclusion after having paid due attention to the cause that was shown by the appellant. In these circumstances, I must hold that the order complained of is bad and must be set aside.

( 6 ) ON behalf of the State it has been contended that the present appeal does not lie. The argument is that in view of the provisions contained in Sub-section (2) taken along with those in Sub-section (3) of Section 250 no appeal lay in the present case. It is to be recalled that the appellant was directed to pay a sum of Rs. 50/-t