Janki Prasad vs Pyare Lal

Jagat Narayan, J.C.

This is a revision application by one Janki Prasad for quashing a charge u/s 406, I. P. C. which has been framed Against him by the Additional Munsiff Magistrate, Chhatarpur. I have heard the Learned Counsel for the parties and the learned Government Advocate and satisfied that there is no ground for interference.

There is prima facie evidence to show that Pyare Lal complainant and Janki Prasad accused entered into a partnership with the object of taking a contract for some work from the P. W. D. Pyare Lal handed over a sum of Rs. 1000/- on 5-5-53 to Janki Prasad for depositing it in the P.W. D. office at Barlarpur as security for tenders. Janki Prasad did not deposit the money but misappropriated it.

On behalf of the applicant the ruling reported in - ''Jaikrishna v. Crown'', 1950 Nag 99 (AIR V 37) (A) was relied upon in which it was held that a partner cannot be guilty of criminal breach of trust or misappropriation in any circumstances. This view has since been dissented from in- ''Bhuban Mohan v. Surendra Mohan'', 1951 Cal 69 (AIR V 38) (FB) (B) and can no longer be regarded as laying down good law.

It was held in the latter case that when the ordinary character and nature of the partnership are varied by special contract of partnership so as to create entrustment of any specific property in favour of one partner as against the others or so as to give exclusive dominion of such Property to one partner as against the other the offence u/s 405, I. P. C. can be committed.

In the present case the sum of Rs. 10OO/- was entrusted to Janki Prasad specifically for being deposited in the P. W. D. office at Bariarpur by way of security. Janki Prasad was given exclusive dominion over this money. The offence u/s 406, I. P. C. is prima facie made out against him upon the evidence on record. I accordingly reject the application.