NEERAJ JAIN Vs. BHARAT KOTHARI

JUDGEMENT

(1.) This Regular First Appeal has been preferred against the judgment passed by the court of Shri Lal Singh, Additional District Judge, Delhi on 30th November 2006. Learned Judge decreed the suit for a sum of Rs. 3,17,240/- along with cost and interest @ 6% per annum from the date of institution of suit till the realization of decretal amount in favour of respondents. Trial Court Record was called for on 20.2.2007 which was received. Before we notice the grounds of challenge and submissions of the appellant, it would be appropriate to set out in brief the facts culminating in the filing of the suit and passing of the impugned order.

(2.) Learned Counsel for the appellant, Mr G.D. Gandhi contended that appellant had never taken any loan from the respondent. He submits that the cheque of Rs. 2,06,000 (Rs.Two lac and six thousand) in question had been given by the appellant as a Director of the company M/s Graffiti International Pvt. Ltd. in anticipation of the work of interior decoration which was to be done by the respondent. He further submitted that the cheque in question being without consideration was dishonored and no personal liability had been incurred by the appellant as it was for the work of the company M/s Graffiti International Pvt. Ltd., which was also not done.

(3.) Appellant urged that the respondent was over anxious to involve and implicate him so much so that he had not pursued the case against other defendant M/s Graffiti International Private Ltd. He contended that the trial court had failed to establish issuance of the cheque in question on behalf of the company without appreciating that the cheque in question bore the seal and stamp of the company and by issuance of the said cheque, the appellant had not incurred any personal liability.