OM PRAKASH Vs. PREM JEWELLERS

JUDGEMENT

(1.) This second appeal has impugned the judgment and decree dated 10.04.2001 which had endorsed the finding of the Trial Judge dated 08.08.2000 thereby dismissing the suit of the Plaintiff, Sh. Om Prakash.

(2.) Plaintiff had filed a suit for recovery of Rs. 38,4000/- against three Defendants of which Rs. 20,000/- had been claimed as the principal amount; Rs. 14,400/- was the interest which was w.e.f 20.04.1993 to 19.04.1996 @ 24 % per annum; Rs. 4000/- had been claimed as notice charges. The case of the Plaintiff was that he had advanced a loan of Rs. 20,000/- vide cheque No. 202196 dated 20.04.1993 to Defendant No. 1 through Defendant No. 2 and on the asking of Defendant No. 3. Amount was repayable with interest @ 24% per annum. Defendants utilized the amount for their business. The Defendants failed to pay back the loan to the Plaintiff. Hence, the present suit was filed.

(3.) Defendants denied the liability. It was stated that on 16.04.1993, Plaintiff had taken a cash loan of Rs. 20,000/- from Defendant No. 3 on assurance of its re-payment within 2/3 days. A cheque for Rs. 20,000/- in refund of the loan was according given by the Plaintiff to Defendant No. 3; this was a blank bearer cheque. Defendant No. 3 had a liability towards Sh. Anil Khattar; in consideration thereof he gave this bearer cheque of Rs. 20,000/- to his friend Sh. Anil Khattar. On the same day i.e. on 19.04.1993, Sh. Anil Khattar purchased one gold chain and one ring for a sum of Rs. 20,000/- from the shop of Defendant No. 2 (proprietor of Defendant No. 1, M/s. Prem Jewellers); Rs. 330.80/- which was in excess was paid by Sh. Anil Khattar for clearance of the said bill; the balance was paid by this cheque of Rs. 20,000/- .