This is a reference by the District Magistrate of Madurai under the following circumstances.

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 22nd January, 1953 and another Rs. 100 on 13th February, 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 18th March, 1953, to the complainant, which cheque was dishonoured as there was no balance to the credit of the accused at that time.

On these facts, the Magistrate framed a charge under section 409, Indian Penal Code 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 ther