This is a revision by the accused against the order of the Second Class Magistrate, Mannargudi, in C.C. No. 1080 of 1953 converting the Calendar Case into a Preliminary Register Case under section 347(1), Criminal Procedure Code. The petitioner was charged for abetment of criminal breach of trust, an offence punishable under section 408, read with section 109, Indian Penal Code. It is in respect of the disposal of certain bags of paddy said to be worth about Rs. 6000. The police charge-sheeted the accused for the said offence.

While the Assistant Public Prosecutor was conducting the prosecution, P.W.2, whose paddy is said to be the subject of this offence, filed a petition on 13th September, 1954, stating therein-

“The offence is of a grave character and has been still more aggravated by the 1st accused’s statement on the 27th instant in this Court that the paddy was his own and not the petitioner’s (complainant’s).”

It is further stated that, in view of the fact that the value of the paddy is Rs. 6000 and that a heavy fine has to be imposed for the purpose of realising the amount and if the Court is not competent to inflict such punishment, it should be committed to the Sessions