Ramsagar Singh vs Chandrika Singh on 7 September, 1960
It has been laid down by this Court in Ramautar Ahir v. The State, AIR 1951 Pat 381, that before an order for payment of compensation is passed, Section 250 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, and where in acquitting the accused person of the offences charged, the Magistrate expresses the opinion that the accusation was false and omits to record an opinion whether it was either frivolous or vexatious, the absence of the necessary finding under the other head does not affect title jurisdiction of the Magistrate to pass the order, and, therefore, the order is not bad ab initio. It is not a defect which goes to the root of jurisdiction. There are, however, potent grounds, on which the order of compensation cannot be maintained.