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2018 Supreme(Mad) 3973

R.SURESH KUMAR
Chakra Compactors A Partnership Firm, Rep. by its Manager & Power of Attorney Holder, P. Kanda Parameswaran – Appellant
Versus
D. Vijaya Kumar – Respondent


Advocate Appeared:
For the Appellant :M. Easan, Advocate.
For the Respondent:S. Baskar for M/s. Ram & Ram, Advocates.

JUDGMENT :

1. This Appeal has been preferred against the Judgment made in C.A.No.72 of 2014 on the file of the I Additional District & Sessions Judge, Tirupur, dated 09.02.2015, reversing the Judgment made in S.T.C.No.609 of 2005 on the file of the Judicial Magistrate No.II, Tirupur, dated 08.10.2014.

2. The appellant herein is the complainant and the respondent herein is the accused and they would be called as complainant and accused respectively for the sake of convenience.

3. The case of the complainant is that, the complainant is a partnership firm dealing with compacting of hosiery cloth on job work basis. One K.K.Periyasamy and one Suguna are the partners of the complainant firm.

4. The accused was one of the partner of M/s. Dress Modes, which was dealing with manufacturing and selling of hosiery garments. In this context, the accused firm entrusted the job of compacting of hosiery cloth on job work basis to the complainant and the complainant also undertaken the said work on credit basis.

5. Because of the said business transactions, according to the book of accounts of the complainant, there had been a due for a sum of Rs.2,32,548/- payable by the accused firm towards the compla








































































































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