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2001 Supreme(P&H) 1017

K.S.KUMARAN
Kumar Rubber Industries Kapurthala – Appellant
Versus
Sohan Lal – Respondent


Judgment

, J.

1. 1st respondent - Sohan Lal Viz lodged a complaint under Sec.138 of the Negotiable Instruments Act (Annexure P -1)before the Judicial Magistrate 1st Class, Jalandhar against petitioners- (1) M/s. Kumar Rubber Industries, (2) Ashok Kumar Viz (partner of Kumar rubber Industries) and 2nd respondent-Mrs. Neelu Viz (also partner of Kumar rubber Industries), wherein the following material allegations are found.

2. The complainant-Sohan Lal, his sons Ashok Kumar, Arun Kumar and neelu wife of Ashok Kumar were partners of the firm-M/s. Kumar tries as per the partnership deed dated 1.10.1995. On account of disputes amongst the partners, complainant-Sohan Lal and his son-Arun Kumar retired from the partnership by the retirement deed dated 17.6.1996. At that time, the account of the partnership were gone into and a sum of rs.5,18,698.33 was found due to the complainant from the partnership by way of his share of the assets which he was surrendering to the continuing partners. This amount was payable by the containing partners namely, Ashok kumar and Neelu and in order to discharge the above said liability, Ashok kumar issued cheques detailed as follows : (1) No.466337 dated 18.1





















































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