( 1 ) WHETHER a partner, who is not responsible for the day-to-day business of a partnership firm, can be prosecuted for the offences alleged to have been committed by the firm?

( 2 ) THIS is the main question that arises for consideration in this petition filed under section 482 Cr. PC.

( 3 ) BRIEFLY stated, the facts that gave rise to this question are: the petitioner herein is the 2nd accused in Calendar Case No. 138 of 1997 pending on the file of the Court of the Additional judicial I Class Magistrate, Srikakulam, and is facing trial along with another accused (Andhavarapu Bhaskara Rao-A. 1) for the offences punishable under Sections 406, 420 and 477-A IPC. Those proceedings were initiated at the instance of the 2nd respondent herein, who has filed a private complaint before the said Court stating that he (the complainant), the petitioner herein (A2) and a1 were partners of the partnership firm - siri Marketings - which was constituted for carrying on the business in purchase and sales of lubricating oils, building materials etc. The said partnership firm commenced its business from 1-9-1994, As per the terms of the partnership deed each one of the partner had to