1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. _____________________________________________________________________ Office notes, office Memoranda of coram, appearance, court’s order Court’ s of Judge’s order. or directions and Registrar’s prders _____________________________________________________________________ CRIMINAL WRIT PETITION NO. 658 OF 2009 CORAM : V. R. KINGAONKAR, J. DATE : 7TH AUGUST, 2009. 1- Heard. 2- The petitioner challenges the order dated 04/07/2009 rendered by learned Judicial Magistrate whereby he was directed to pay Rs.3,000/- p.m on or before 15 day of each calender month. The petitioner was found in arrears of maintenance allowance to the tune of Rs.40,400/-. A warrant was issued against him. He submitted application Exh.16 for recalling of the warrant. After hearing the learned counsel for the parties, the impugned order has been passed by the learned Magistrate. It is explicit that learned counsel for the petitioner submitted before the Magistrate that 2 he is ready to make payment of maintenance Rs. 3,000/- p.m on that day and regularly in succeeding month. If the order is made on the basis of such a statement made to the Court, subsequently it does not lie in the mouth of the petitioner that he is unable to pay such amount and is not liable to do so. I do not find any substance in the petition because only attempt appears to be to change the word. Hence dismissed. ( V. R. KINGAONKAR, J. ) ********** Dt: 07.08.2009 aaa/658.09 3