JUDGMENT : GOKUL PRASAD, J.:— In this case the accused was not present on the date for which the hearing of the case had been adjourned. He sent in an application of illness through the chaukidar, Rikhai. The learned Magistrate adjourned the case for a week and instead of confiscating his bail bond, awarded Rs. 25 as damages, to the other side and adjourned the case on this condition. This case has been referred for the orders of this Court by the learned Sessions Judge of Agra on the ground that such an order of fine, so to say, cannot be legally passed Against an accused person who is absent. There is no case of this Court on this matter. But I agree with the Punjab Chief Court in Browne v. Chanda Singh, 6 P.R. 1906, Cr.. The cases of this Court which I have been able to find were cases in which compensations were allowed to the accused when an adjournment was asked for by the prosecution, but I have not seen any case in which an order of compensation against an accused person had been passed because be could not attend the court owing to his illness. The court cannot take any proceedings against an accused person in his absence. I accept the reference, set aside the order of the trial court and direct that the compensation if realised should be refunded to the accused.