( 1 ) THIS is an appeal under Section 417 (3) of the Criminal Procedure Code, directed against the acquittal of the respondents Virji Kuverji and Bhulchand Padamshi in respect of a charge under Section 477a of the Indian Penal Code.

( 2 ) THE case of the complainant appellant, C. V. Krishnan was briefly as follows: The appellant became a partner of a firm, Virji Kuverji and Co. and a partnership deed was drawn up on 1-1-1954 by the three partners, namely, the appellant and the two respondents. It was also registered with the Sub-registrar of Assurances, Calcutta. According to the terms of the partnership deed the appellant, C. V. Krishnan, was to remain in Calcutta to look after the interest of the firm at Calcutta. He was a five annas sharer under the partnership deed and he was to receive a monthly salary which was to be fixed between the parties in addition to his interest as a five annas partner. According to the appellant his salary was fixed at Rs. 250/-and in April and August 1953 he received two cheques of Rs. 500/- each towards payment of salary, but received no further payment. After the expiry of the year 1954, he asked for accounts from the remaining par