JUDGMENT

Lodge, J. - This Rule was issued upon the District Magistrate of Noakhali to show cause why convictions and sentences passed under Sections 193 and 199, Penal Code, should not be set aside. The material facts are as follows: The petitioner was accused of an offence in a complaint made before the Raipur Union Bench. The Bench issued a summons for the appearance of the petitioner. Thereafter the petitioner moved the Sub-divisional Magistrate for a transfer of the case from the file of the Union Bench. A question arose before the Sub-divisional Officer whether the petitioner had or had not appeared before the Union Bench in answer to the summons. A report was received from the Union Bench that the petitioner had not appeared before the Bench either on 8th July or on 12th July 1942. The petitioner stated before the Sub-divisional Officer that he had appeared before the Union bench on those days. The Sub-divisional Officer thereupon directed the petitioner to file an affidavit to the effect that he had appeared before the Union Bench on those dates. Accordingly an affidavit was sworn before a First Class Magistrate by the petitioner to the effect that he had appeared before the