A.K. INVESTMENTS Vs. SH. MILAN DHAR

JUDGEMENT

(1.) THIS case is on the "regular board" of this Court since 3.01.2011 and is effective item No. 1 on the "regular board" today but no one has appeared on behalf of the Respondent although it is 3.30 pm. I have therefore heard the learned Counsel for the Appellant and am proceeding to hear and dispose of the appeal.

(2.) THE challenge by means of the present appeal is to the impugned judgment and decree dated 27.9.1999 of the trial court whereby the suit of the Respondent/Plaintiff has been decreed for Rs. 3,39,937.77 p. along with interest. The suit has been decreed on the basis of the balance appearing in the foot of the account on account of the relationship between the parties whereby the Appellant was the main broker and the Respondent/Plaintiff was the sub -broker of the Appellant.

(3.) THE trial court has, in substance, relied basically upon the statement of account of the Appellant in the books of Respondent/Plaintiff for decreeing the suit. The suit was filed for recovery of Rs. 4,39,937.77 p and it has been decreed for Rs. 3,39,937.77 i.e., Rs. 1 lac less. This adjustment of Rs. 1 lac was given because the Respondent/Plaintiff admitted in his cross examination that after dishonor of the cheques issued by the Appellant of Rs. 1,50,000/ -, he has received an amount of Rs. 1 lac in cash from the Appellant. I may note that in the plaint as also in the statement of account, this amount of Rs. 1 lac was shown to be payable i.e., the Respondent/Plaintiff had denied having received this amount of Rs. 1 lac.