LAWS(CHH)-2023-8-27

PRADEEP AGRAWAL Vs. ASHISH MISHRA

Decided On August 09, 2023
PRADEEP AGRAWAL Appellant
V/S
Ashish Mishra Respondents

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree dtd. 9/7/2019 passed by the Sixth Additional District Judge, Bilaspur, in civil suit No.55-B/2015 whereby a decree of Rs.13,00,000.00 has been passed against the defendant along with interest at the rate of 6% per annum.

(2.) The plaintiff filed a suit with pleading, inter alia, that the plaintiff and the defendant were friends and because of such relation an amount of Rs.13,00,000.00 was given as loan by the plaintiff to the defendant and in lieu thereof three cheques were given by the defendant vide cheque No.218889 dtd. 8/9/2012 for Rs.2,00,000.00 (Ex.P/1); cheque No.218888 dtd. 30/9/2012 for Rs.8,00,000.00 (Ex.P/2); and cheque No.218957 dtd. 5/2/2013 for Rs.3,00,000.00 (Ex.P/3) to secure repayment. The amount since was not repaid, the plaintiff requested the defendant to make the payment, but it was not made and having enquired from the Bank, it was revealed that the defendant did not have sufficient funds in his account. Since for a considerable time the amount was not paid, eventually a civil suit was filed on the ground that he has advanced loan of Rs.13,00,000.00 to the defendant and in lieu thereof three cheques were given to the plaintiff by way of repayment to liquidate the loan. The plaintiff filed the suit claiming principal sum along with interest for recovery of such amount.

(3.) The defendant denied all the adverse allegations in the plaint and instead it was stated that no negotiation or loan transaction took place in between the parties and frivolous complaints were made to recover the amount from the defendant and even the date of loan was not mentioned. It was stated that the suit was based on false averments and, as such, the same may be dismissed.