BHOJA BABU SALIAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The short question involved in this revision application is as to whether without of forfeiture of a bond executed by a surety the issuance of notice of show cause will be without jurisdiction. The said question arises on the following facts of this case.

(2.) The petitioner, Bhoja Babu Salian, stood surety in the sum of Rs. 15,000/- for an accused, Mohammed Zamil Mohamed A. Chaudhary, in Case No. 341/PN/82. in the Court of the Additional Chief Metropolitan Magistrate, 9th Court, Bandra, Bombay. The said surety bond was executed by the petitioner on June 10,1982. It was for appearance of the accused in the said case. The accused failed to appear in the Court on June 30, 1982. On that day the learned Additional Chief Metropolitan Magistrate passed the following order :

(3.) Feeling aggrieved by the said order of issuing a distress warrant against him, the petitioner filed an appeal to the Court of Sessions for Greater Bombay, being Criminal Appeal No. 362 of 1982. The learned Additional Sessions Judge, Greater Bombay, dismissed the appeal, holding that there was no illegality in the order passed by the learned Additional Chief Metropolitan Magistrate. It is against this order the present revision application has been filed.