K.L. MEHTA Vs. PAWAN KUMAR

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 18.02.2006 which has endorsed the finding of the trial judge dated 02.05.2005 whereby the suit filed by the plaintiff K.L. Mehta seeking recovery of '44,850/- along with interest had been dismissed.

(2.) The case of the plaintiff is that the defendant was his colleague; he had borrowed a sum of '30,000/- which was given to him vide cheque No.093561 dated 09.07.1997 drawn on SBI, IOC extension counter, Yusaf Sarai, New Delhi. This advancement of loan was witnesses by two persons. After six months i.e. on 05.01.1998, the plaintiff had demanded the loan from the defendant but the defendant avoided to pay the amount on one pretext of other. Legal notice dated 30.01.1999 was issued but of no avail. On 30.03.2000, the plaintiff contacted the defendant and demanded the money but the payment was refused. Suit was filed.

(3.) Contention of the defendant was that he had not borrowed any money. A sum of '30,000/- was the payment given by the plaintiff to the defendant in a committee which was returned by the defendant by a cross cheque; the plaintiff has concealed the material facts; he is not entitled to any relief.