SANDEEP RANA Vs. SURENDER GUPTA

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 24.4.2004 decreeing the suit for recovery of money filed by the respondent/plaintiff for RS.4,25,499.25/- alongwith interest at the rate of 9% per annum simple.

(2.) THE facts of the case are that the respondent/plaintiff filed the subject suit for recovery of monies against the appellant/defendant on the ground that the appellant/defendant after receiving goods had issued a cheque for payment of the of RS. 4,25,499.25/-, but the same was dishonoured when presented. amount Accordingly, the respondent/plaintiff got issued a legal notice through his counsel, which having failed to yield desired results, the subject suit came to be filed.

(3.) A reference to the aforesaid paras shows that the respondent/plaintiff proved the bills and invoices. These were proved and exhibited as Ex.PW1/6A to Ex.PW1/6T. On most of the bills there appear the signatures of the appellant/defendant, as also the stamp of his proprietorship concern. The trial court has noted that the dishonesty of the appellant becomes clear from the fact that at the time of admission/denial of the documents at the stage of framing of issues, though the disputed cheque, Ex.PW1/1 contained particular signatures of the appellant/defendant was admitted, however, for the purpose of admission/denial, different signatures were made by the appellant/defendant. Trial court has also noted that the statement of account was proved by the respondent/plaintiff as Ex.PW1/2 by producing the original ledger book. The balance due as per the statement of account was RS.4,25,499.25 and for which amount the dishonoured cheque was issued by the appellant/defendant in favour of the respondent/plaintiff. With regard to the reply issued by the appellant/defendant exhibited as Ex.DW1/8 to the legal notice issued by the respondent/plaintiff , trial Court notes that in this reply a totally incredible case was taken up by the appellant that the disputed cheque was issued just to make sure that another cheque of RS.25,000/- was cleared. Obviously, to clear one cheque there does not arise any issue of issuing another cheque.