MOHINDER GUPTA Vs. SUBHASH MITTAL

JUDGEMENT

(1.) In the suit, the plaintiff seeks a summary judgment against defendant for the sum of Rs. 21,40,000/- under Order XXXVII CPC with interest at 18% per annum.

(2.) The suit averments are that the plaintiff and defendant had business relationship whereby the former provided credit facilities to the defendant. The business, it alleged, is purchase of old empty bottles from the plaintiff and the defendant had to pay amounts from time to time. In the suit, the plaintiff refers to 39 bills, said to have been issued on various dates between 19.04.2004 and 30.10.2004 for an amount of Rs. 21,43,185/-. It is alleged that the bills were issued to M/s. Mittal and Co. of which the defendant was proprietor. The plaintiff further avers that the defendant issued five post dated cheques, in satisfaction of the billed amounts. The details of such instruments as follows: S.No. CHEQUE NO. DATED RUPEES 1. 823778 08.11.2004 Rs. 3,60,000.00 2. 823779 13.11.2004 Rs. 4,10,000.00 3. 823780 16.11.2004 Rs. 3,70,000.00 4. 823781 19.11.2004 Rs. 5,00,000.00 Total Rs.21,40,000.00

(3.) The plaintiff claims that the five cheques when presented were not honoured by the defendant's banker and the comment received, from the latter was that payments were stopped by the drawer. The plaintiff adverts to having issued a legal notice to the defendant on 6.12.2004 and subsequently to having filed a criminal complaint before the Metropolitan Magistrate, Delhi, alleging commission of an offence under Section 138 of the Negotiable Instruments Act, 1881. The plaintiff also refers that the defendant having been approached the police, having lodged a First Information Report (FIR) claiming that he was the victim of an assault.