M.C. JAIN, J.—This petition u/s 482 Cr.P.C. is directed against the order of the learned Additional Sessions Judge, Sriganganagar dated March 28, 1979 whereby the learned Additional Sessions Judge upheld the order passed by the learned Judicial Magistrate, 1st Class, Ganganagar, dated May 4, 1978. The learned Magistrate passed the order in proceedings u/s 125(3) Cr.P.C. 11 months amount of maintenance at the rate of Rs. 69/- was due from the husband present-petitioner. The learned Magistrate expressed that the husband can be punished to the extent of 11 months simple imprisonment. Thereafter, he stated that considering the circumstances of the case, he prescribed the punishment to the extent of 6 months, simple imprisonment. The warrant of arrest was ordered to be issued.

2. The only question that arises for consideration in the present petition is, as to whether the learned Magistrate was justified in passing the impugned order whereby sending the husband to six months simple imprisonment in connection with the enforcement of the maintenance order. For consideration of the above question I extract sub-section 3 of 125 Sec. Cr. P. C:—

(3) If any person so ordered fails without suffic

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