K.V.NARSAIAH Vs. V.VENKAT RAO

JUDGEMENT

(1.) This appeal is preferred against judgment and decree dtd. 26/10/2010 passed by Seventh Additional District Judge (FTC), Durg (CG) in a Civil Suit No.27B/2009 wherein the said Court dismissed the suit filed by the appellant/plaintiff against respondent/defendant for recovery of amount to the tune of Rs.67,000.00.

(2.) As per the appellant/plaintiff's averments, both the parties are originally from the State of Andhra Pradesh. They had business relation for long past. The appellant decided to reside permanently in Andhra Pradesh and sold his firm Sinu Engineering Works and was negotiating for sale of his house. In the meantime, final settlement of the transactions between the plaintiff and the defendant took place on 15/3/2008 and the appellant received final cheque on that day. On 15/4/2008, the respondent came to the appellant and requested for lending him Rs.50,000.00 as he needed the same for some business requirements. The appellant paid him Rs.50,000.00 through bearer's cheque bearing cheque No.417908 of ICICI Bank dtd. 15/4/2008. When the aforesaid amount was not paid back in time, the appellant contacted the respondent for refund of the amount, but the amount was not returned. Thereafter the appellant sent a registered notice through counsel on 27/7/2009, even then the amount was not refunded, hence, suit for recovery was filed.

(3.) The respondent denied all the allegations. As per the case of the respondent, there was some problem in the eyes of the appellant and he was not in a position to move, therefore, the respondent went with the cheque to the Bank along with one Rajesh Gupta and after withdrawing the money of the appellant, he handed over the same to him and no money was borrowed by the respondent. The trial Court after hearing both sides, dismissed the suit that is why this appeal is preferred.