PANKAJBHAI GURJIBHAI CHAUDHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India the petitioner has prayed for an appropriate order quashing and setting aside order dated 13.04.2007 passed by the learned J.M.F.C., Valod in Maintenance Recovery Application No. 2 of 2007 and the order dated 03.08.2007 passed by the learned Additional District and Sessions Judge, Vyara, District Surat in Criminal Revision Application No. 9 of 2007.

(2.) Respondent Nos. 2 and 3 had preferred Maintenance Recovery Application No. 2 of 2007 before the learned J.M.F.C., Valod under Section 125(3) of the Criminal Procedure Code. It was stated in the said application that the petitioner had paid Rs.400/- + Rs.300/- from 10.04.2002. However, he had not complied with the final order, therefore, they had demanded Rs.1,02,400/-, and in case of default, it was prayed to send the petitioner to jail. It appears that learned J.M.F.C., Valod, allowed the said application and directed to issue warrant in Form No. 19, Schedule II of the Criminal Procedure Code for recovery of the dues against the petitioner by 13.04.2007. Being aggrieved and dissatisfied with the order passed by the learned J.M.F.C., Valod dated 13.04.2007 in issuing warrant against the petitioner, the petitioner preferred Criminal Revision Application No. 9 of 2007 in the Court of learned Additional District & Sessions Judge, Vyara, District-Surat. The learned Additional District & Sessions Judge, Vyara by order dated 03.08.2007 dismissed the said Revision Application. Being aggrieved and dissatisfied with both the aforesaid orders, the petitioner preferred present application under Article 227 of the Constitution of India for the aforesaid reliefs.

(3.) Ms.Shah, learned Advocate appearing on behalf of the applicant has submitted that both the Courts' below have materially erred in issuing warrant against the petitioner.