( 1 ) THIS is a petition for quashing certain proceedings under Section 409, Penal Code which are now pending against the petitioner in the Court of thr Special Judge of Bankura. The petitioner, who is a postal peon, has been charged with criminal breach of trust in respect of Rs. 30/ -.

( 2 ) THE prosecution case against the petitioner is as follows. On 14-8-1951, one Kanai Krishna Sircar of 157, Netaji Subhas Road, Calcutta, remitted a sum of Rs. 30/- by a postal Money Order addressed to his wife Shrimati Shibarani Sircar who was then residing at a village called Sahaspur in the district of Bankura. As she did not receive the money, she wrote a postcard to her husband enquiring about it. This postcard never reached her husband. On 27-8-1951, the petitioner saw the said Kanai Krishna Sircar at his Calcutta residence and confessed that he had misappropriated the money by forging the signature of the addressee of the Money Order in the acknowledgment portion of the Money Order. The petitioner refunded the, money to Kanai and asked his forgiveness. Kanai, however, reported the petitioner to the Postal Authorities. Thereafter, the petitioner was sent up to stand his trial