JAYARAM REDDY Vs. G.S. BHAT

JUDGEMENT

(1.) In this appeal, the defendant has challenged the judgment and decree dtd. 3/3/2014 passed in O.S.No.7645/2009 on the file of the XLI Additional City Civil Judge, Bangalore (CCH No.42) (for brevity 'the Trial Court').

(2.) For the sake of convenience, parties shall be referred as per their status before the Trial Court.

(3.) Brief facts of the plaintiffs' case are, defendant is doing Real Estate business. Plaintiffs have approached the defendant seeking his assistance for purchasing a land in and around Bangalore City. After discussion, defendant demanded Rs.13.00 lakhs from the plaintiffs to procure the lands for them and to obtain necessary permission from the Government for registration of the land. The plaintiffs reposing confidence on the defendant paid a sum of Rs.10.00 lakhs on 21/11/2006 through two cheques bearing No.371925 and 371927 each for Rs.5.00 lakhs drawn on Syndicate Bank, Jayanagar III Block Branch, Bangalore. They also paid another sum of Rs.3.00 lakhs on 22/11/2006 through a cheque bearing No.292750 drawn on Syndicate Bank, Jayanagar III Block Branch, Bangalore. The said cheques have been encashed by the defendant. After encashing the money, the defendant did not contact the plaintiffs. Plaintiffs tried to approach him on many occasions, but he was taking time on one or the other pretext. However, he failed to get the land, so also permission from the Government. Hence, they demanded for repayment of amount. On 18/8/2009, the defendant issued a cheque for Rs.50,000.00 and another cheque for Rs.2,00,000.00 on 5/1/2010 drawn on Kalpatharu Grameena Bank, Huskur Branch, Bommasandra, Anekal Taluk, Bangalore. The plaintiffs have presented the cheque of Rs.50,000.00 to the Bank, which came to be dishonoured. Therefore, after issuing a legal notice, the plaintiffs have filed a private complaint against the defendant. As the defendant failed to repay the entire amount of Rs.13.00 lakhs, they issued a legal notice dtd. 29/10/2009 demanding repayment with 18% interest per annum. He had sent evasive reply on 17/11/2009. Seeking recovery of Rs.13.00 lakhs and interest of Rs.7,02,000.00, plaintiffs have filed the instant suit.