JUDGMENT :

M.R. Verma, J.

This revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure (hereafter referred to as 'the Code') is directed against the orders dated 12.12.2002 and 16/1/2003 passed by the learned Sub-Divisional Judicial Magistrate, Nalagarh in complaint Case No. 361/2 of 2000.

2. Brief and admitted facts of the case are that the respondent has filed a complaint against the petitioners i.e. under Section 406 of the Indian Penal Code. The complaint was listed for consideration of charge on 12.12.2002. On the said date, the accused petitioners (hereafter referred to as 'the petitioners') were not present and their counsel Mr. Rajiv Sharma, Advocate, moved an application for exemption of petitioner No. 1 who represents petitioner No. 2 also from appearance on the ground that he had to go to Jammu in order to attend a marriage. The learned trial Magistrate, however, declined the exemption prayed for on the ground that to attend a marriage, is not a circumstance beyond the control of the petitioner. Therefore, the personal bonds and surety bonds of the petitioners were forfeited and proceedings under Section 446 of the Code were ordered to be