ORDER Daniels, J. - In this case Kalka, complainant was ordered to pay. Rs. 50 as compensation to the accused u/s 250, Criminal P.C. Kalka has now applied to ma for revision of this order. The record shows that the Magistrate neglected to call upon the complainant to show cause why he should not pay compensation to the accused. The complainant was absent on the day judgment was pronounced and the order granting the accused compensation was passed on the same day, viz., the 7th July 1925. 2. It was clearly the duty of the Magistrate to issue a summons to the complainant to appear and show cause as laid down in the last sentence of para. 250 (i) of the Criminal P.C., but there is nothing on the file to show that this was done. 3. I consider that the irregularity is a material one and the Magistrate's order was illegal. I recommend that the illegal order ha set aside and that the complainant may be called upon to show cause why compensation should not be paid by him to the accused. JUDGMENT 4. This reference is made on the ground that the trial Court made an order of compensation u/s 250 without giving the complainant an opportunity to show cause against it. The trying Magistrate says in the explanation that the complainant was absent when judgment was pronounced, and the Magistrate believes him to have deliberately absented himself. The section provides, however, for what is to be done in case the complainant is not present when judgment; is pronounced. I, therefore, set aside the Magistrate's order and direct him or his successor-in-office to do what he should have done originally, namely, to summon the complainant and give him an opportunity of showing cause before passing the order.