1941 Present: Howard C.J.

PERERA v. PERERA.

593-M. C. Negombo, 32,527.

Postponement of trial-Absence of material witness-Reasonable efforts to secure attendance-Criminal Procedure Code, s. 289 (5).

Where the evidence of a witness, who is absent, is material and reasonable efforts have been made to secure his attendance, the magistrate should adjourn the trial.

APPEAL from a conviction by the Magistrate of Negombo.

J. A. P. Cherubim, for the accused, appellant.

A. A. Rajasingham, C.C., for the complainant, respondent.

November 20,1941. HOWARD C.J.

In this case Mr. Cherubim on behalf of the appellant asks for a new trial on the ground that the Magistrate heard the case without allowing an adjournment in order that the appellant might summon what he said was a material witness. The Magistrate in refusing this application for an adjournment was apparently impressed by the fact that the prosecuting Inspector was going on leave for a period of 25 days. He also stated on the record that there was no proof that the summons could not have been served on the witness in question as it was returned without any endorsement and also that there was