KHALEEL AHMED Vs. PADMA KUMAR

JUDGEMENT

(1.) This is a defendant's appeal. The present respondent as a plaintiff had instituted an Original Suit in O.S.No.25297/2011 against the present appellant arraigning him as a defendant in the Court of the XXVI Additional City Civil Judge, Mayo Hall, Bangalore (hereinafter for brevity referred to as the "Trial Court"), for recovery of a sum of Rs.3,00,000/- including interest there upon at the rate of Rs.24% per annum.

(2.) The summary of the case of the plaintiff in the Trial Court was that, the plaintiff was doing the business of Textile goods. The defendant who is a Tailor and also a retail dealer of Textile goods purchased the cloths from the plaintiff on various dates. Accordingly, the plaintiff supplied the Textile material to the defendant under eleven bills as detailed in the plaint. Towards the total amount under those eleven bills, the defendant paid only a partial amount, but failed to repay the balance amount, which according to the plaintiff, was a sum of Rs.2,17,965/-. Since the defendant failed to pay the said amount despite issuing him a legal notice, the plaintiff was constrained to institute a suit against him. With this, the plaintiff had claimed the principal amount of a sum of Rs.2,17,965/-, an interest of a sum of Rs.81,035/- and legal notice charges of a sum of Rs.1,000/-, thus in total a sum of Rs.3,00,000/- from the defendant with interest there upon at the rate of Rs.24% per annum from the date of filing of the suit till its realisation.

(3.) In response to the suit summons, the defendant appeared through his counsel in the Trial Court and denied all the plaint averments. However, he admitted that he was purchasing the goods from the plaintiff, but contended that with respect to first three bills dated 17-01-2008 and 22-01-2008, he had made payment through cheques. With respect to other two bills, both dated 12-03-2008, he had issued three post-dated cheques to the plaintiff after deduction of 24% discount on the total bill amount. However, the defendant did not encash those three cheques since he had altered the date by himself on those three cheques. Therefore, when the representatives of the plaintiff by name Sri.R. Ramesh and Sri. Manik had come to him, the defendant had paid a cash of a sum of Rs.53,000/- to them.