- (1.) J. K. Mathur, J. This criminal appeal has been directed against the order passed by the IInd Additional Sessions Judge, Bahraich on 31-3-1983.
(2.) ADMITTEDLY the appellant stood surety for one Kandhaiya who was being prosecuted before IInd Additional Sessions Judge, Bahraich. He did not appear for which notices were issued to the sureties Mahabu and Abdual Majid, the present appellant. He did not appear before the Court in pursuance of that notice, on which the impugned order was passed on 31-3-1983 imposing forfeit the amount of Rs. 4000/- and requiring recovery warrant to be issued. The only contention raised on behalf of the appellant in this Court is that he was not served. A perusal of the record of the trial Court shows that a notice was issued to him and was returned back. There is report that he had been served in person. However, it was one Abdulla Khan, who had received and Signed the notice and not the appellent Abdul Majid. This shows that no notice has actually been served on the appellant before the impugned order was passed against him. Section 446 Cr. P. C. requires that notice be issued to the sureties to show cause before any order of forfeiture is passed. In the present case, the order has been passed against the appellant without affording any opportunity to show cause as required by law and therefore, is illegal.
(3.) AS a result, the appeal is allowed. The order passed by the learned Ilnd Additional Sessions Judge, Bahraich on 31-3-1983 is hereby set aside. The petitioner shall appear before the Court of Ilnd Additional Sessions Judge, Bahraich on 1 -2-1994 and show cause against forfeiture. Appeal allowed. .;