Law: Partnership Act, 1932

Section: 4

Law: Pakistan Penal Code, 1860

Section: 408

(a) Partnership Act (IX of 1932), S. 4-Person joining as working partner in firm without contributing capital-Having 'share in profits; but not responsible for losses-Is partner and not servant of firm. The Partnership Act does not require that a partner must contribute money or capital', one can become a partner without contributing any capital and may only share profits and need not share any losses. (b) Penal Code (XLV of 1860), S. 408-Working partner-­Selling away property of farm-Subsequently denying having received any property-Working partner not servant of firm­ No offence under S. 408 committed. The petitioner was given certain quantity of jute of the partnership firm to carry them to Narayanganj and sell them and he failed to do so. But on the showing of the prosecution, he was a working partner and it was one of his duties to do what he was asked to do. So, it cannot be said that he dealt with the said quantity of jute in a fiduciary capacity. 37 C. W. N. 982, 44 C. W. N. 650, 52 C. W. N. 441, A. I. R. 1941 Rang. 342, 13 B: L R. 307 (1874) ref. ORDER AMIN AHMED, J.-This rule was obtained by the petitioner against an order of the Sessions Judge of Mymensingh dismissing his appeal against his conviction under section 408 of the Pakistan Penal Code sentencing him to one year's rigorous imprisonment and a fine of Rs. 1,000, in default, to rigorous imprisonment for a further period of six months. Half the amount of the fine, if realised, is to be paid to the complainant by way of compensation. The prosecution case, inter alia, is that one Dr. Daimullah, the complainant, carried on jute business in partnership with Dr. Khandaker Mohiuddin, Abdul Hussain, Shukur Mamud Sikder and the petitioner since May-June, 1948 and the terms of the partnership agreement were embodied in Exhibit 1, dated the 29th of May, 1948. The petitioner Abdul Gafur and one Malek-ud-Din (who has been acquitted), were given certain quantity of jute to carry them to Narayanganj where they were to be sold but without taking them to Narayanganj they sold them to one Sakim-ud-Din and received a sum of Rs. 100 from him. Later on the petitioner denied having anything to do with the said…

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