1. The Chief Judicial Magistrate, Patiala, by order dated 29th January, 1972, made a recommendation that the order dated 16th December, 1970, of, the Judicial Magistrate, Nabha, sentencing Karnail Singh petitioner to imprisonment for one year may be quashed.

2. The facts of this case are that Gurdial Kaur vide order dated 29th June, 1970, of the Judicial Magistrate, Nabha, was granted maintenance under Section 488, Criminal P.C., against her husband Karnail Singh. She made an application on 19th August 1970, for recovery of the arrears of maintenance. Notice of this application was issued to Karnail Singh, but he was alleged to have refused to accept service and also did not appear in Court. On 7th December, 1970, the Magistrate ordered Gurdial Kaur to file a list of the property of Karnail Singh and the case was adjourned to 16th December, 1970. On the latter date the Magistrate passed the following order :-

"List of property could not be obtained by the applicant, since the same has not been filed. As is apparent from the record, the respondent has failed, without sufficient, cause to comply with the order, and then has not made any payment so far to the applicant. Hence