Trial Of Warrant Cases Explained By Justice V Ramkumar [Part-2]

S.204: Issue of process – & skipped. S. 247: Evidence for defence -The accused shall then be called upon to enter upon his defence and produce his evidence; and the provisions of Section 243 shall apply to the case S.248: Acquittal or conviction - If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal. Where, in any case under this Chapter, a previous conviction is charged under the provisions of sub-section of Section 211 and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon: Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under sub-section. S. 250: Compensation for accusation without reasonable cause – If, in any case instituted upon complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith 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 or, if such person is not present direct the issue of a summons to him to appear and show cause as aforesaid. What is envisaged in sub-section is The discharge order under sub-section can be passed when the Magistrate finds that But the discharge order envisaged in sub-section could be passed only if the Magistrate considers the Since the section empowers a Magistrate to pass such an order at any previous stage of the case, If the accused, after his appearance in court, convinces the Magistrate that the allegations in the complaint, even if proved, would not amount to the offence, the Magistrate has the power to discharge the accused.