JUDGMENT 1. The Petitioner was fined under sec. 332 of the Code of Criminal Procedure for failing to attend as a juror in the Court of the Sessions Judge of Burdwan, The summons was not served upon him personally, or by leaving one of the duplicates for him with an adult male member of his family. It was served by affixing one of the duplicates to a part of the house which formed the ancestral home of the Petitioner, but from which he was absent at the time. When he became aware that the fine had been imposed, he made a representation to the Sessions Judge, but that officer refused to remit it, on the ground that the Petitioner being on the jury list had not right to go away from home without notifying his change of address to the Court of Session, or making arrangements for the acceptance of notice and information to the Court of Session that he would be unable to attend. We think that this position of the learned Sessions Judge imposes upon a gentleman on the jury list an obligation not contemplated by the law. There is, we understand, no dispute that at the time when the summons was affixed to the home of the Petitioner, he was in fact not at home and was indeed at a considerable distance from his home. In these circumstances we think that it cannot be said that he was liable to punishment for not attending. 2. The order of the Sessions Judge imposing the fine is set aside. The fine, if levied, or so much thereof as may have been levied, must be refunded.