Rongon Mukhopadhyay, J. - (1.) Heard Mr. Awadhesh Pandey, learned counsel for the petitioner and Mr. Sanjay Prasad, learned counsel for the opposite party no. 2.
(2.) This criminal revision application has been directed against the judgment dated 24.08.2016 passed by the learned Additional Sessions Judge VII, Giridih in Criminal Appeal No. 38 of 2015 whereby and whereunder the order dated 31.01.2015 passed by the learned Judicial Magistrate 1st class, Giridih in Misc. Case (Domestic Violence) No. 15 of 2013 by which the petitioner has been directed to make payment of Rs. 2,000/- per month for rent and Rs. 3,000/- as maintenance allowance as also Rs. 1,000/- as litigation charge and Rs. 5,000/- as compensation under Sections 19, 20 & 22 of the Protection of Women from Domestic Violence Act has been affirmed.
(3.) It has been submitted that several cases have been instituted against the petitioner by the opposite party no. 2. He further submits that in a case instituted under Section 498A and 494 of I.P.C., the petitioner has already been acquitted by the learned trial court. He further submitted that pursuant to the application preferred by the opposite party no. 2 under Section 125 of Cr.P.C., the petitioner is making payment of Rs. 1,000/- per month. He further submits that the petitioner is a daily wager working in Gujarat and is not in a position to make payment of Rs, 5,000/- in a case instituted under Protection of Women from Domestic Violence Act as he has also to pay Rs. 1,000/- as per the direction fo the court below under Section 125 of Cr.P.C. He further submits that an ex-parte order has been passed since the petitioner was never noticed about the initiation of a case under Protection of Women from Domestic Violence Act.;