Judgment

MUDHOLKAR, J. : In this appeal from the judgment of the Bombay High Court the question which falls to be considered is whether a partner can be convicted 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.

2. The admitted facts are briefly these :

The firm, Messrs. Bharat Silp Pramandal, which was formed for carrying on the business of building construction, originally consisted of eight partners and the appellant was its working partner. This firm was constituted in the year 1954. But on February 5, 1957 three of the partners retired and the business was continued by the remaining five partners. Disputes arose amongst them, which were referred to arbitration of Mr. J. T. Desai, a Solicitor. Apparently, in pursuance of his award a fresh agreement (Ex. N) was entered into by the partners on June 4, 1958. By virtue of this agreement the appellant s share in the firm s 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 complainant in this case had a share to the extent of