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Judgment
7 paragraphs · 154 wordsDevadoss, J.—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.