BAL KISHAN GUPTA Vs. RAMADHAR

JUDGEMENT

(1.) The defendant is the appellant against whom the learned Subordinate Judge (Shri M. L. Mirchia) decreed the plaintiff's suit for Rs. 4,700 with proportionate costs. The plaintiff/respondent filed a suit out of which this appeal arises for recovery of Rs. 5,500 on the allegation that he gave a cheque for Rs. 4,700 to the defendant/appellant on 10-3-1959 as a loan bearing interest at Rs. 6 per cent per annum. The appellant who admittedly encashed that cheque did not repay the loan.

(2.) The present suit was filed on 9-3-1962, on the eve of limitation. The defendant, who was working under the plaintiff, admitted that he encashed the cheque but pleaded that he handed over the money so drawn to the plaintiff on that very day. The plaintiff filed a reply statement making a distinction between self-cheques and those drawn by the plaintiff in the name of the defendant; while the latter were given for the benefit of the defendant by way of advance, the former were for the plaintiff's own use.

(3.) The following three issues alone were framed on 3-8-1962 after recording the statements of the counsel for both sides :