C. B. BHARGAVA, J.

( 1 ) THIS is an application by Chiranjilal one of the accused under Section 561-A read with Sections 435 and 439 of the Code of Criminal Procedure for quashing certain criminal proceedings which are being taken against him in this Court of additional Munsif Magistrate Jaipur East.

( 2 ) ON 8th June, 1963, the opposite party Raja Ramsingh filed a complaint, against the petitioner nd others under Sections 420, 120-B and 406 of the Indian Penal code on the following facts, that the opposite party after his retirement, from the military started transport business. The petitioner persuaded him to enter into a partnership and a partnership deed was executed between them on 6th september, 1962. The partnership was to be in the name of Associated Transport operators. In order to carry out the business of partnership, it was agreed to purchase a truck -- price of which, was to be equally paid by the partners. Accordingly truck No. RJL 5047 was purchased from one Madhesingh for Rs. 19,500/-, The petitioner, did not pay his share of the capital but only paid Rs. 2,000 /-and urged the complainant to make the payment and promised to reimburse, him later on. Subsequ