NARAYANAN ALIAS KUTTANI Vs. STATE OF KERALA

JUDGEMENT

(1.) Is there a cap on the maximum sentence that can be imposed under Sec. 125(3) of the Code of Criminal Procedure Is it the law that a sentence exceeding 12 months can never be imposed on a defaulter in a single application for execution These questions do arise for consideration in this revision petition.

(2.) This revision petition is filed by the petitioner who has suffered an order under Sec. 125(3) of the Cr.P.C sentencing him to undergo imprisonment for a period of 20 months for non-payment of the maintenance amount of Rs. 11,400/-. I, e at the rate of Rs. 300/-. Per mensem for 38 months. The petitioner could not engage a counsel of his own. He has preferred this petition through prison authorities. The delay was condoned and the petition was admitted. Services of a State Brief counsel was assigned for his help. Advocate Mr. N.K. Subramanian has advanced arguments on behalf of the petitioner.

(3.) A report of the learned Magistrate was called for. The order passed in the revision was also made available for my perusal. The respondent, though served, has not chosen to enter appearance. I have adverted to all the relevant inputs.