Kumarayya, J.

[1] This is an application to quash Criminal proceedings for an offence under Section 409 IPC against Md. Abdul Sattar, managing partner of Shri Dhanalakshmi Rice and Oil Mill Contractors Company, Vijayawada. This company is a partnership concern. The partnership was created by an agreement between 16 persons in December 1954 for a period of two years for the purpose of working the said company at Vijayawada. The shares of all the partners are not equal. The accused has l/24th share therein. Like others he brought into the concern his own share of capital.

He being more experienced in the business was, by a special resolution dated 9-12-1954, appointed a managing partner. A remuneration of Rs. 100/- per month was fixed for him by the said resolution to which he too was a party. He was to look after the purchases and sales of paddy, the working of the mill and correct maintenance of accounts and day to day business of the firm a cash credit account was opened in the State Bank of India Vijayawada in the name of the partnership firm. Two of the partners including P.W. I were authorised to operate that account.

[2] The case against the accused is that the faile