JUDGMENT

K.T. Thomas, J.-The appellant was a witness in a sessions trial. The accused in that sessions case were acquitted by the Sessions Court. However, learned Sessions Judge convicted the appellant for giving false evidence in his court and sentenced him to undergo rigorous imprisonment for two months. Hence this appeal.

2. As the testimony of the appellant in the sessions trial was found to be false in certain respects, the Sessions Judge ordered for initiation of proceedings against him under section 344(l) of the Code of Criminal Procedure (for short 'the Code'). A Miscellaneous Case was then registered against him. When the accusation against him was read over to him, he pleaded not guilty thereto. No evidence was recorded. The appellant reported that he has no evidence. Learned Sessions Judge heard the arguments and pronounced the impugned order, as per which the appellant was convicted and sentenced.

3. It is evident that the learned Sessions Judge has not followed the procedure in accordance with law. Section 344(1) of the Code provides that after taking cognizance of the offence, the court may "after giving the offender a reasonable opportunity of showing cause why he s