ORDER Virender Singh, J. - Notice of motion to Advocate General, Haryana. 2. On the asking of the Court Mr. S.S. Brar, DAG, Haryana accepted the notice. Admitted. 3. Since it is a short matter, the same is being disposed of today. 4. Bhagat Ram, the appellant herein stood surety for one Mohan Sahni of Bihar in a case FIR No. 110 dated 13th July, 2003 registered at Police Station Sadar Yamunanagar under NDPS Act. The accused did not appear before the Court and as such his bail bonds were cancelled and forfeited to the State. Notice was issued to the present appellant under Section 446 Criminal Procedure Code by the concerned Court. It is worth-mentioning here that a separate notice was issued to another surety namely Pirthi Singh. The appellant did not appear in pursuance to the notice on the date fixed and as such the learned trial Court imposed a penalty of Rs. 50,000/- upon the present appellant and the other surety Pirthi Singh. Aggrieved by the said order, the appellant has preferred the present appeal. 5. Mr. Dinarpur contends that the appellant did not receive any notice and as such, he could not appear on the date fixed. He then contends that the approach adopted by the learned trial Court to the effect that the present appellant or the other surety Pirthi Singh has nothing to say in their defence, is uncalled for and at least an opportunity should have been given to the appellant to show his bonafides. The learned counsel then contends that had an opportunity been granted to the appellant, he would have made all efforts to trace the accused. Learned counsel, in the alternative, prays for reduction in the amount of penalty. 6. I dont find any infirmity in the order. However, keeping in view and considering the totality of facts, I reduce the penalty of Rs. 50,000/- to Rs. 30,000/- only. Let this amount be deposited by the appellant within 15 days from today. In default of the deposit, the entire amount of default i.e. Rs. 50,000/- shall be recovered from his according to law. With the modification in the amount of penalty as indicated above, the present appeal is hereby dismissed. Appeal allowed.