JUDGMENT :

L. Rath, J. - The Petitioner is in revision against an order of the Magistrate confirmed in appeal refusing to remit the penalty levied on him on account of forfeiture of the surety bond executed by him. The Petitioner had stood surety by executing a bond on 19.1.81 for a sum of Rs. 2,000/- undertaking inter alia that the accused in the case would attend the court every day on which any investigation into the charge is made or any trial on such charge is held. The G.R. Case was posted to 25.2.82 for consideration of charge on which date a petition for representation of the accused u/s 317 Code of Criminal Procedure was rejected and N.B.W. was issued against him. Thereafter on subsequent dates also the accused did not appear. The bond executed by the Petitioner was forfeited on 30.6.82 and Misc. Case No. 165/82 was started against him in which he received the notice to show cause as to why the amount under the bond would not be recovered from him. Final order was passed on 24.11.83 far realisation of the amount of Rs. 2000/- from him. Thereafter the Petitioner filed a petition u/s 446(3) Code of Criminal Procedure on 22.12.83 for reduction of the penalty but the same was r