ARIJIT PASAYAT, J.

( 1 ) THE order passed by the learned Judicial Magistrate, First Class Banpur (in short, 'the JMFC') to take action in terms of Section 350 of the Code of Criminal Procedure, 1973 (in short, 'cr. P. C. ') is assailed in this application.

( 2 ) A brief reference to the factual aspects would suffice :petitioner was required to be examined as a witness in G. R. Case No. 176 of 1992, on the file of the learned JMFC. In spite of due intimation for appearance, petitioner did not appear on two dates, i. e. , 16-12-93, and 8-3-94. The learned JMFC was of the view that the petitioner was absent without any reasonable and just excuse and, therefore, action in terms of Section 350 Cr. P. C. was called for. Petitioner submitted his reply in response to the notice and submitted that the absence was unintentional and on account of engagement in official duty at some other places. Learned JMFC was of the view that the excuses offered were neither acceptable nor had any ring of truth in them. No material was placed regarding of the official engagement on the ground of which petitioner claimed to be absent. By order dated 17-5-1994, cognizance was taken in terms of Section 305 C