The admitted facts are briefly these The firm, Messrs. Bharat Silp Pramandal, which was formed for carrying on the business of building companystruction, originally companyisted of eight partners and the appellant was its working partner.
Appeal by special leave from the judgment and order dated February 1, 1963 of the Bombay High Court in Criminal Appeal No.
The Judgment of the Court was delivered by Mudholkar J. In this appeal from the judgment of the Bombay High Court the question which falls to be companysidered is whether a partner can be companyvicted under s. 409, Indian Penal Code on the ground that his failure to account for monies belonging to the firm in which he was a partner amounts to criminal breach of trust.
N was entered into by the partners on June 4, 1958.
43 of 1963.
CRIMINAL APPELLATE, JURISDICTION Criminal Appeal No.
This firm was companystituted in the year 1954.
But on February 6, 1957 three of the partners retired and the business was companytinued by the remaining five partners.
Disputes arose amongst them, which were referred to arbitration of Mr. J. T. Desai, a Solicitor.
K. Chatterjee and B. R. G. K. Achar, for the respondent.
Apparently, in pursuance of his award a fresh agreement Ex.
By virtue of this agreement the appellants share in the firms business was to be of 50 nP. in a rupee while the other partners had different shares in the remaining 50 nP. Nagindas Jivraj Mehta, who is the companyplainant in this case had a share to the extent of 6 nP. Under this agreement the parties decided number to undertake new work.
P. Rana, for the appellant.
972 of 1962.
