P MOHAN Vs. BASAVARAJU

JUDGEMENT

(1.) THIS is defendant's appeal against the judgment and decree passed in O. S. No. 7338/94 on the file of XXX Additional City Civil Judge, Bangalore.

(2.) THE appeal although is at admission stage at the request of parties, taken up for final hearing. The necessary certified copy of depositions and documents are furnished by the plaintiff and the defendant for the benefit of perusal.

(3.) THE respondent in appeal as a plaintiff filed the suit for recovery of a sum of Rs. 1,73,275/- with costs and interest. It is the case of the plaintiff that during the period 1-8-1990 to 5-3-1991 a sum of Rs. 1,19,500/- was paid. On several occasions it was paid by cash and one occasion by cheque for a sum of Rs. 40,000/- towards hand loan. When the hand loans were given there was no liability on the part of the defendant-appellant to pay interest. On 15-12-1991 it is said that the appellant acknowledged the liability in a sum of Rs. 1,19,500/- marked at Ex. P. 1 and also issued three cheques on 15-12-1991 for a sum of Rs. 45,000/-, on 30-5-1992 for a sum of Rs. 40,000/- and on 10-6-1992 for a sum of Rs. 34,500/ -. The cheques came to be dishonoured, proceedings were instituted u/s. 138 of Negotiable Instruments Act in C. C. No. 4835/92, 4836/92 and 4837/92 on the file of II A. C. M. M. , Bangalore. In the criminal cases, the appellant/defendant was acquitted by the order of this Court. However, it was observed that the observations made in the judgment would not affect the rights of the plaintiff to pursue his remedies before a Civil Court where the present civil suit was pending and the Civil Court was given liberty to decide the matter based on the material adduced independently without being influenced by the observations made in the criminal appeal. The plaintiff has claimed interest at the rate of 18% from the date of dishonour of cheque till the date of filing of the suit and also claim interest at the same rate from the date of suit till realisation.