Section Text
2).
237.Procedure in cases instituted under section 199(2). (1) A
Court of Session taking cognizance of an offence under sub-section (2)
of section 199 shall try the case in accordance with the procedure for
the trial of warrant-cases instituted otherwise than on a police
report before a Court of Magistrate :
Provided that the person against whom the offence is alleged to
have been committed shall, unless the Court of Session, for reasons to
be recorded, otherwise directs, be examined as a witness for the
prosecution.
(2) Every trial under this section shall be held in camera if
either party thereto so desires or if the Court thinks fit so to do.
(3) If, in any such case, the Court discharges or acquits all or
any of the accused and is of opinion that there was no reasonable
cause for making the accusation against them or any of them, it
may, by its order of discharge or acquittal, direct the person against
whom the offence was alleged to have been committed (other than the
President, Vice-President or the Governor of a State or the
Administrator of a Union territory) to show cause why he should not
pay compensation to such accused or to each or any of such accused,
when there are more than one.
(4) The Court shall record and consider any cause which may be
shown by the person so directed, and if it is satisfied that there was
no reasonable cause for making the accusation, it may, for reasons to
be recorded, make an order that compensation to such amount not
exceeding one thousand rupees, as it may determine, be paid by such
person to the accused or to each or any of them.
(5) Compensation awarded under sub-section (4) shall be
recovered as if it were a fine imposed by a Magistrate.
(6) No person who has been directed to pay compensation under
subsection (4) shall, by reason of such order, be exempted from any
civil or criminal liability in respect of the complaint made under
this section ;
Provided that any amount paid to an accused person under this
section shall be taken into account in awarding compensation to such
person in any subsequent civil suit relating to the same matter.
(7) The person who has been ordered under sub-section (4) to pay
compensation may appeal from the order, in so far as it relates to the
payment of compensation, to the High Court.
(8) When an order for payment of compensation to an accused
person is made, the compensation shall not be paid to him before the
period allowed for the presentation of the appeal has elapsed, or, if
an appeal is presented, before the appeal has been decided.
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CHAP
TRIAL OF WARRANT-CASES BY MAGISTRATES