U R RAMASWAMI Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the District Magistrate of Madurai under the following circumstances.

(2.) IN C. C. N. 14 of 1953 on the file of the Honorary Special 1st Class Magistrate, Madurai, the accused was convicted on a plea of guilty of the offence of criminal breach of trust in respect of a sum of Rs. 300. The case of the complainant was that the accused represented himself to be a merchant dealing in broken glass pieces, and obtained an advance of Rs. 300 from the complainant in two instalments, one of Rs. 200 on 22-1-1953 and another Rs. 100 on 13-2-1953, agreeing to supply certain quantity of glass pieces to him within a fixed period. The glass pieces were not supplied within the stipulated time and when he was pressed by the complainant regarding the same, the accused gave a cheque on 18-3-1953 to the complainant, which cheque was dishonoured as there was no balance to the credit of the accused at that time.

(3.) ON these facts, the Magistrate framed a charge under Section 409, I. P. C. and when the accused was asked to plead, he pleaded guilty to that charge. In accepting the plea of guilty, and before passing sentence, the Magistrate said that there is no intention on the part of the accused to cheat or defraud at the outset. It was apparently due to circumstances beyond his control that the accused could not act according to the terms of the contract with the complainant. The Magistrate also found that the issue of a cheque is not act of fraud, but that is a proof of good faith, and that from the mere fact that there is no balance in the bank to his credit, it cannot be said that the issue itself was fraudulent. But the Magistrate seemed to take the view that it amounts to an offence under Section 409 as he did not use the money for the purpose for which it was intended by him in his capacity as merchant, and so accepting the plea of guilty, the Magistrate convicted him of the offence and sentenced him to two months' imprisonment and a fine of Rs, 300. The Magistrate also directed that the amount of fine if collected should be paid to the complainant,