SHASHIKUMAR L. JINGADE Vs. B.N.VINAY

JUDGEMENT

(1.) Heard the learned counsel for the petitioner. Learned counsel for respondent no.4 is absent.

(2.) Aggrieved by the judgment dated 19.02.2013 passed by the Court of Small Causes, Bangalore (VIII Additional Judge) in S.C.No.121/2012, the defendant therein has preferred this revision petition.

(3.) The respondents herein filed a suit in S.C.No.121/2012 before the Court of Small Causes at Bangalore against the petitioner herein for recovery of a sum of Rs.70,250/- with interest at the rate of 18% per annum. The case of the respondents is that one late Nemiraju, husband of respondent no.4 and father of respondent nos.1 to 3 while working at State Bank of Mysore, ADB RAM and Co. Circle, Davanagere, had lent a sum of Rs.50,000/- to the petitioner herein in the first week of October 2009 in Davanagere and the petitioner had agreed to repay the said amount within three months. Even after December 2009, the petitioner failed to pay the amount to Nemiraju. When the said Nemiraju demanded the amount, the petitioner had issued three cheques totaling to Rs.50,000/- and all the three cheques were drawn on State Bank of Mysore, Davanagere. Unfortunately, Nemiraju died on 24.04.2010. Thereafter, the respondents deposited the Cheques issued by the petitioner and the same were dishonoured. In order to recover the same, the respondents have filed the above suit.