B.C. RAY, J.

(1) THIS is an appeal by special leave against the judgment of the Calcutta High court dated 7/06/1967 refusing to quash the process issued and the proceedings pending before the Additional Chief Presidency Magistrate, Calcutta under Section 406 of the Indian Penal Code.

(2) THE appellant and the respondent entered into a registered deed of partnership on 27/03/1963. The name of the partnership business was "Allied Engineers". The nature of the business was that if the tender submitted by the respondent to the Eastern Railways for extension of bridge No. 2 at the west end of Howrah yard, West Bengal was accepted by the Eastern Railways the said work would be deemed to be included within the partnership. Under the terms of partnership agreement the capital was Rs. 20,000.00 to be contributed equally by the partners within six months from the date of the agreement. The main office of the partnership was at 12/1/5 Monohar Pukur Road, Kalighat, Calcutta. Another term of the partnership was that if the tender was accepted the appellant would advance or lend from time to time a total sum of Rs. 20,000.00 towards the work represented by the tender as and when ne