AIR 1951 CALCUTTA 69

Calcutta High Court

Hon'ble Judge(s): Harries , C.J. AND D. N. Das Gupta, B. P. Banerjee, D. N. Das Gupta, P. B. Mukharji , JJJ

Penal Code (45 of 1860) , S.405, S.406— Patnr. if can be charged u/S.406 in respect of partnership property by another patnr. Per Full Bench. - a charge under S. 406, Penal Code, cannot be framed against a person who, according to the complainant, is a patnr. with him and is accused of the offence in respect of property belonging to both of them as patnrs.(Para 5 34) The cases in 13 Beng. L.R. 307 (f.b.) and a.I.R. (27) 1940 Cal. 371 cannot be regarded as correctly decided if they lay down any general rules applicable to prosecutions of patnrs. for offences under S. 406, Penal Code, in respect of property received or held by such patnrs. on behalf of the partnership in the ordinary course of partnership dealings. However the cases may be regarded as rightly decided if they are confined to cases where under special agreements made between the parties entrustment of the property or dominion over it was given to any particular patnr.(Para 35) Per P.B. Mukharji J. - The reason for holding that a patnr. cannot be prosecuted by another patnr. for criminal breach of trust in respect of partnership property under S. 406, Penal Code, is two-fold. The nature, character and incidents of partnership property are such that during the subsistence of the partnership there cannot be, except b....