JAI PRAKASH Vs. SUNIT

JUDGEMENT

(1.) In January 2003, a sum of Rupees Five Lakhs was given by the Respondent to the Appellant but on what account, is the moot question involved in this appeal. According to the Respondent/plaintiff, aforesaid sum was advanced as a friendly loan whereas according to the Appellant/defendant, the said amount was given as an advance towards supply of 100 Kgs of black pepper and the said supply was made on 15th May, 2003 and on account of delay in making of the said supply, interest amount of Rs.11,336/- was given by the Appellant to the Respondent. Since the aforesaid money transaction between the parties was by cheques, therefore the same is not disputed but the purpose of making of the aforesaid payment is very much in dispute.

(2.) In short, the precise case of the Respondent / plaintiff before the Trial Court in the suit for recovery of Rupees Five Lakhs with interest, was that the above said amount was advanced by cheque in January, 2003 as a friendly loan and the interest on the aforesaid amount with effect from 17th January, 2003 to 31st March, 2003 of Rs.11,336/- was also paid by cheque and the aforesaid payments stand proved by respondent's bank statement Ex.PW-1/1 and it remains undisputed.

(3.) Appellant/defendant contested the suit of the Respondent/plaintiff before the Trial Court, by taking the plea that in January 2003, Rupees Five Lakhs was received by the Appellant/defendant as advance payment towards supply of black pepper to the Respondent/plaintiff and the said supply was made on 15th May 2003 vide Bill Ex. DW-1/1 for Rs.5,07,005.40p and its entry was made in the account book as well as in the Sales Tax Account Register etc., which are Ex. DW-1/2 to Ex.DW-1/4 respectively. Payment of Rs.11,336/- by the Appellant/defendant to the Respondent/plaintiff is not in dispute but the same is said to be towards the interest paid on account of delayed supply of black pepper by the Appellant/defendant to the Respondent/plaintiff.