RAJIV MOTORS LTD Vs. JAGVIR SINGH

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 27.1.2007 which had endorsed the finding of the trial judge dated 03.1.2007 whereby the suit filed by the plaintiff i.e. M/s Rajiv Motors Ltd seeking recovery of Rs.1,49,000.00 against the defendant has been dismissed.

(2.) PLAINTIFF is a limited company. Defendant had purchased an ambassador car from the plaintiff for a sum of Rs.4,13,275.00 which was inclusive of the road tax and registration charges. Defendant had made payment of Rs.3,13,275.00 to the plaintiff; balance payment of Rs.1,00,000.00 was due and payable. Defendant issued a cheque dated 1.3.1999 drawn on Vijay Bank, Gopi Nath Bazar, Delhi Cantt. for this balance amount; plaintiff issued receipt dated 01.3.1999. Defendant assured the plaintiff that he would take back this cheque and give another chequ/pay order in lieu of this cheque; the said cheque was taken back by the defendant. When the official of the plaintiff visited the office of the defendant for getting new cheque/pay order, they were put off; neither the said cheque nor the pay order has been paid to the plaintiff till date. Suit was accordingly filed.

(3.) FROM the pleadings of the parties, the following five issues were framed: