1. It appears from the explanation given and also from the diary that the case was adjourned for judgment on the 5th August. Afterwards, and before the judgment was written, an application was made to call another witness for the defence. No order was made upon that application and the judgment was written on the 14th. The Magistrate, before it was delivered, left, and another Magistrate was appointed in his place who read out his predecessors judgment and sentence and signed and dated it in open court on the 19th August. It is contended that this is illegal and that, inasmuch as the judgment and sentence were not delivered in open court by the Magistrate who heard the case and wrote the judgment, the accused should have been retried.

2. We are of opinion that the course adopted was not illegal or improper and that, under Section 367 of the Criminal Procedure Code, it is not necessary that the presiding officer of the court who wrote the judgment should be the same person as the presiding officer who is required to date, sign and pronounce it in open court Moreover, we are clearly of opinion that even if it was an irregularity it did not prejudice the accused. See High Court