KARSON RAMJI CHAWDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner in this case was ordered by the Magistrate to pay maintenance to his wife amounting to Rs. 30/- per month and maintenance to his daughter amounting to Rs. 25 per month. The applicant made a default and failed to comply with this order. The wife made an application that there had been a default in the payment for four months. The Magistrate issued a warrant and the warrant could not be executed as the applicant had no property. The wife then made an application under Section 488 (3) and on that application the Magistrate passed an order sentencing the applicant to be imprisoned for a term of 15 days in respect of each month for which the allowance remained unpaid.

(2.) THIS sentence has been challenged on the ground that in passing the sentence for two months, the Magistrate exceeded the jurisdiction conferred upon him under Section 488 (3 ). The matter came up before Mr. Justice Bavde-kar and Mr. Justice Desai and they referred it to a Full Bench, as they felt that they were bound by an unveported decision of a Division Bench of this Court reported in Queen Empress v. Pandu Mahadu, 1885 Rat Un. Cr. C. 801 (A ). The contention urged by Mr. Kotwal on behalf of the applicant is that in respect of one warrant issued, the sentence which can be inflicted by the Magistrate can only be one month and not exceeding one month. Now turning to the sub-section.

(3.) IN our opinion, therefore, the learned Magistrate was right in the order that he passed. The result is the application fails and must be dismissed. The applicant to surrender to his bail.