1. Sayeed Khan accused was tried for an offence of criminal trespass under Section 447, Penal Code by the Magistrate Second Class, Sehore, but by the time the judgment, convicting and sentencing him to pay a fine of Rs. 50/-, was delivered, the Magistrate was invested with powers of a Magistrate First Class and the judgment was passed by him as such. Sayeed Khan went up in appeal to the District Magistrate against the conviction and the latter set aside it and the sentence and acquitted him.

2. The matter is now referred to this Court for orders. The parties to the case were noticed and only the complainant turned up. The point for determination is whether an appeal lay to the District Magistrate or to the Sessions Judge.

3. The relevant portion of S. 407, Criminal P.C. is as follows :

"Any person convicted on a trial held by any, Magistrate of the Second or Third Class...... "may appeal to the District Magistrate."

and the relevant portion of S. 413, Criminal P.C. is :

"Notwithstanding anything herein before contained there shall be no appeal by a convicted person in cases in which........Magistrate of the First Class passes a sentence of fine not exceeding Rs. 50/- only."

4. As