1. This revision petition arises in the following circumstances.

A complaint under sections 406 and 408 R P. C. was brought by the respondents against the petitioner alleging that the parties, alongwith some others, had entered into a partnership for running a cinema known as Indira Theatre. The share of the respondents in the partnership business was 25% i.e. 12 1\2% each and each of them had to contribute a sum of Rs, 1.75.000/-towards the initial investment which was to be spent exclusively on the construction of the cinema house. A deed of partnership was executed on 1-11 1976. Since the deed was compulsorily registerable, it was agreed that the respondents will contribute their share of investment and handover the money to the petitioner who will held it in trust for them till the partnership deed was registered. Pursuant to this agreement, the first respondent paid to the petitioner a sum of Rs.1,64,750\00 whereas the second respondent paid to him a sum of Rs1,75,000\00, which was deposited by him with United Commercial Bank, Ashoka Market Jammu. But, the petitioner, before the deed of partnership came to be registered on 3-4-1977, withdrew from the amounts paid to him by the

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