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4. Mr. Subrata Bose, the learned Advocate for the petitioner submitted that the petitioner is not at all a partner of the accused No. 1 firm namely, M/s. Gayaprasad Chhedilal. The petitioner never looked after the day-today affair of the said firm and the complainant did not produce any paper or document before the learned Magistrate to establish that the petitioner was or is a partner of the accused firm. The sons of the petitioner are the partners and the sons have mentioned clearly that their father i.e. the petitioner is or was never a partner of the said firm. The petitioner never took loan from the complainant O.P. No. 1 or from his wife and minor son. After receiving the demand notice by the accused No. 1 firm reply was sent through their Advocate and the petitioner in the said reply clearly mentioned that he was not a partner of the firm M/s. Gayaprasad Chhedilal and he was not a person in charge of the firm and was not looking after the day-to-day affairs of the business of the said firm.