SHRI AJAY TALWAR Vs. SHRI IQBAL SIDIQUE

JUDGEMENT

(1.) THIS appeal has impugned and the judgment and decree dated 10.12.2007 which had reversed the finding of the trial judge dated 11.8.2005. Vide judgment and decree dated 11.8.2005 the suit filed by the Plaintiff Ajay Talwar seeking recovery of Rs. 64,800/ - against the Defendant had been decreed for a sum of Rs. 60,000/ - along with interest 6% per annum. The impugned judgment had dismissed the suit.

(2.) THE case of the Plaintiff is that the parties were known to one another and in May 2004 the Defendant approached the Plaintiff for financial assistance; he had given a loan Rs. 60,000/ - for a period of 5 -6 months; this was on 25.5.2004 in the presence of a witness. Receipt of this loan was acknowledged by the Plaintiff. He agreed to repay the said amount within a period of five months. However the loan was not returned. On 25.10.2004 a cheque in the sum of Rs. 60,000/ - drawn on Punjab National Bank, Yamuna Vihar, Delhi was issued by the Defendant in lieu of the payment against the loan. The same was dishonoured. In spite of requests payment was not made by the Defendant. On 10.12.2004 legal notice was sent to the Defendant but to no avail.

(3.) ON the pleadings of the parties the following five issues were framed;