Jackson, J.

1. The petitioner has been sentenced to 2 years rigorous imprisonment under Section 409, Indian Penal Code, for criminal breach of trust.

2. He was originally charged under Section 477-A, Indian Penal Code, but that count was struck out under Section 227, Criminal Procedure Code. A. Court may alter a charge at any time before judgment is pronounced; but, of course, if in certain circumstances such alteration has occasioned a failure of justice, the Appellate or Revisional Court may interfere. It is a mistake to cite cases where the Courts have so interfered as though they establish a proposition in law limiting the discretion conferred upon the trial Court by Section 227 and preventing it absolutely from altering the charge at certain stages of the case. A discretion conferred by Statute cannot be whittled away by ruling, In re An Attorney 22 Ind. Cas. 321 : 41 C. 446 at p. 457 : 15 Cr. L.J. 49.

3. In this case I do not find that any injustice was occasioned by striking out of the second count. But the real difficulty is that the first count bears no relation to the facts proved. The accused was an accountant of Palni Municipality and is proved to have put up cheques