Strict compliance with the legal provisions, especially in cases of penal nature, is essential for forfeiture of bond and issuance of notice to the surety.

( 1 ) THIS Criminal Revision Petition is directed against the judgment and order dated 17-1-1984 passed by the Sessions Judge of Dakshina Kannada, Mangalore, in Cr. A. No. 63/83 confirming the order passed by the J. M. F. C. III Court, Mangalore, in M. C. No. 13/83 dated 28-10-1983 by which the petitioner herein was directed to pay the entire sum of Rs. 2,000/- covered under the bond executed by him as penalty.

( 2 ) THE matter-arises in this way : the accused in C. C. No. 7164/81 appeared before the Court of the J. M. F. C. III Court, Mangalore, in pursuance of the summons issued to him, on 23-2-1982. The accused was enlarged on self-bond of Rs. 2,000/- on the condition that he should give solvent surety on the next date of hearing. The accused remained absent on 8-3-1982, but his presence was exempted on an application filed on his behalf. Thereafter, the case stood adjourned to 15-3-1982 on which date the accused remained absent and N. B. W. was issued to him. On 25-3-1982 the Counsel for the accused filed an application to recall the N. B. W. issued to the accused by offering the petitioner herein as the surety for the accused. The Court accepted the petitioner as the surety on his executing a bond for Rs. 2,000/- and recalled the N. B. W. issued to the accused. Again the accused remained absent on 31-12-1982 and once again N. B. W. was issued to him and the case stood adjourned to 19-1-1983. On that day, the N. B. W. issued to the accused was returned unexecuted and the Court has ordered that the bond executed by the surety was forfeited and directed to register a case against the surety. In pursuance of the said order, M. C. No. 13/83 was registered against the petitioner and a notice as required under law was issued to the petitioner calling upon him to pay the bond amount of Rs. 2,000/- as penalty or show cause why the payment of the said sum should not be enforced against him within 21-2-1983. Thereafter, the trial Court directed the petitioner to pay the entire bond amount of Rs. 2,000/- as per its order dated 28-10-1983. The petitioner carried the matter to the Court of Session, Dakshina Kannada, Mangalore, in Cr. A. No. 63/83. The learned Sessions Judge dismissed the appeal and confirmed the order of the trial Court as per his judgment and order dated 17-1-1984. Hence, this revision petition is by the petitioner challenging the order of the Courts below.

( 3 ) HEARD Sri Gopalakrishna Shetty, the learned Advocate for the petitioner and Sri Khuranga, the learned Addl; State Public Prosecutor for the State. Perused the records and also the orders of the Courts below which are under challenge.

( 4 ) ACTION was taken against the petitioner under Section 446 of the Code of Criminal procedure (for short 'the Code' ). It is undisputed that the petitioner offered surety in a sum of Rs. 2,000/- by executing a bond for the accused in C. C. No. 7164/81 in which the accused was charge-sheeted for offences under Sections 279 and 338 I. P. C. The petitioner offered surety on 25-3-1982, On 31-12-1982 the accused remained absent. N. B. W. was issued against the accused returnable by 19-1-1983. On 19-1-1983 N. B. W. issued to the accused was returned unexecuted and the Magistrate passed an order forfeiting the bond executed by the petitioner and directed to register a case against him. Accordingly, a case in M. C. No. 13/83 was registered against the petitioner. Final order was passed on 28-10-1983 after issuing a show cause notice to the accused. These are the undisputed facts.

( 5 ) SECTION 446 of the Code does not provide for any notice to be issued to the surety before forfeiting the bond executed by him for failure of the terms of the bond executed by him. The wordings of Section 446 (1) clearly show that if a term of a bond is violated or breach of a term of a bond is committed, the bond automatically stands forfeited. All that is required is that the Magistrate has to satisfy himself that the bond has been for