IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Appeal No. 113 of 2003 Chhotey Singh S/o Nanoo Singh and others .……… Appellants Versus State and another .……… Respondents Mr. Abdul Wahid, Advocate for the appellants Mr. Amit Bhatt, Addl. G.A. for the respondents Hon’ble J.C.S. Rawat, J. Mr. Abdul Wahid, Advocate for the appellants. Mr. Amit Bhatt, Addl. G.A. for the respondents. 2. Learned counsel for the parties have stated at Bar that the appeal be disposed of finally at the motion hearing stage without admitting it for hearing. 3. Heard learned counsel for the parties. 4. This is an appeal against the judgment and order dated 25.02.2003 u/s 446 Cr.P.C. passed by the learned Additional Sessions Judge/1st F.T.C., Nainital in S.T. No. 214A of 1992 whereby the learned Sessions Judge has directed to recover the amount of surety bonds as the appellant (sureties) for which they stood did not appear before the court. The sureties filed their objection on 02.06.2001 by which they have stated that they received show cause notice as to why the amount of surety bonds be not forfeited and why not the same be recovered from the sureties as the accused for which they stood sureties were not appearing before the court. After receiving the notice, they got inspected the file & found that they never stood the sureties for accused Vijay Singh and Chandra Pal and forged impersonation has been made and forged photographs have been filed alongwith the surety bonds. 5. It was contended that the trial court has rejected the objection on the ground that no sufficient cause has been shown by the sureties. It was further contended that there is no finding about the facts stated in the objection. The impugned order has not recorded any finding on the facts stated in the objection. The learned trial court should have considered the objection and thereafter should have passed the appropriate order. 6. In view of the above, the impugned order dated 25.02.2003 is liable to be set aside and is hereby set aside. The matter is remanded to the learned Sessions Judge to dispose of it in accordance with the law expeditiously. 7. The appeal is disposed of accordingly. 20.06.2008 Shiv (J.C.S. Rawat, J.)