CAPT ATUL KUMAR SINGH Vs. JALVEEN ROSHA

JUDGEMENT

(1.) By this order, I propose to dispose of the application filed by the defendant under Order 7, Rule 11. CPC.

(2.) The plaintiff filed this suit for declaration and permanent injunction on the allegations that the plaintiff was interested in purchasing a flat for his residence. He. therefore, approached the defendant, who was dealing in real estate business. Some time in the month of December, 1994 the defendant informed the plaintiff about a flat offered for" sale for Rs.. 7,00,000/-. Due to financial constraints, the plaintiff expressed his inability to pay the entire consideration in a lumpsum. However, on the defendant's suggestion to furnish some security in the form of bearer cheques for finalising the deal, the plaintiff issued the following bearer cheques in favour of the defendant. <FRM>JUDGEMENT_65_CCC4_1999Html1.htm</FRM>

(3.) According to the plaintiff, he deliberately omitted to mention the date of issue on the said cheques and it was agreed between the parties that the defendant would take the plaintiff into confidence before their presentation for encashment. Sometime in the second week of April, 1996, the plaintiff desired to call off the deal and requested the defendant' to return the said cheques. The defendant refused to return these cheques as a result whereof the plaintiff advised his Bank to stop the payment. Pursuant to the plaintiff's advice, the aforesaid cheques were dishonoured on presentation. The defendant, after due service of a notice under Section 138, of the Negotiable Instruments Act (for short 'the Act') instituted a criminal case against the plaintiff in the Court of the Metropolitan Magistrate, New Delhi. On these allegations, the plaintiff has asked for the following reliefs by his plaint :