( 1 ) PREMA Jain filed a petition under section 125 of the Code of Criminal Procedure, 1973, for the award of maintenance allowance against her husband Sudhir Kumar Jain on 29-1-1976. The said petition was dismissed by the Metropolitan Magistrate concerned because of her non-appearance on 16-7-1976. Her counsel preferred an application for the restoration of the said petition on 19-7-1976 but it was dismissed on 20-10-1976 for the technical reason it had been signed by her Advocate and not by Prema Jain herself. She filed, therefore, another application on 27-10-1976 for the restoration of the original petition and it was granted by Shri H. P. Sharma, Metropolitan Magistrate on 27-1-1977. The learned Magistrate observed that there was no law to prohibit filing of restoration application; there was no intentional lapse on the part of the applicant and she could not be penalised for a minor lapse of her counsel and that too when the Court was not functioning in a regular form because of quick transfers and its office was working at two different places giving rise to confusion. He ordered payment by her of Rs. 50 as penalty and the amount was readinly accepted by the co