BALINDER YADAV Vs. SH RAM SARAN SINGH

JUDGEMENT

(1.) The appellant seeks to assail the impugned judgment dated 29.9.2018 of the learned Additional District Judge-03 (West), Tis Hazari Courts in RCA No. 61274/16 vide which the appeal filed by the appellant herein, who was arrayed as the defendant to the suit bearing No. SCJ 608748/16 against the judgment dated 19.10.2016 of the Civil Judge-01(West), Tis Hazari Courts- was dismissed.

(2.) The suit filed by the plaintiff arrayed as the respondent to the present appeal was one for recovery contending to the effect that the plaintiff/ respondent had lent a sum of Rs.2,65,000/- in cash to the defendant/appellant on 31.3.2018 on the request of the defendant/appellant to lend some amount as a loan for enhancement of the business of finance run by him in the name & style of M/s B. S. Finance Company and that the defendant/appellant had also agreed to pay interest @ 2% per month on the said amount. It was averred in the plaint further that in discharge of this liability, the defendant/appellant, issued two post dated cheques to the plaintiff/ respondent, bearing No. 692102 dated 30.10.2018 for a sum of Rs. 1,32,836/- and cheque bearing No. 692103 dated 31.10.2018 for a sum of Rs.1,32,836/- both payable at Punjab & Sind Bank, West Patel Nagar Branch, New Delhi. The defendant/appellant was stated to have paid the agreed interest on the aforesaid loan amount in time and in October, 2008 when the plaintiff/ respondent, asked the defendant/appellant about the principal amount, the defendant/appellant told the plaintiff/ respondent to present the aforementioned cheques which were presented by the plaintiff/ respondent on 1.11.2008 but the cheque got dishonoured and on the defendant/appellant, having been informed of the dishonour, the defendant/appellant assured the plaintiff/ respondent, that the defendant/appellant, would make the payment in cash within a short time after arrangement of the said amount and also asked the plaintiff/ respondent, not to present the second cheque.

(3.) It is indicated through the judgment of the learned Trial Court dated 19.10.2016 that as per the averments made in the plaint, the said promises were not kept by the defendant/appellant and the defendant/appellant, rather gave two other cheques to the plaintiff/ respondent bearing No. 305824 dated 20.3.2009 for a sum of Rs.40,000/- and 305825 dated 20.3.2009 for a sum of Rs.40,000/- both payable at the Punjab & Sind Bank, Patel Nagar Branch, New Delhi which were also dishonoured on presentation the first time but on the assurance of the defendant/appellant, cheque No. 305824 dated 20.3.2009 was presented again and it was encashed on its presentation and the defendant/appellant also paid a sum of Rs.40,000/- in cash against the dishonoured cheque bearing No. 305825 and that the defendant/appellant herein thus made a total payment of Rs.80,000/. It was thus contended on behalf of the plaintiff/ respondent, that the sum of Rs.1,85,000/- was outstanding against the principal amount and on the plaintiff/ respondent, demanding the payment against the sum of Rs.1,85,000/- and on persistent requests, the defendant/appellant issued two further cheques bearing Nos. 436956 dated 10.4.2009 for a sum of Rs.25,000/- and 436957 dated 17.4.2009 for a sum of Rs.30,000/- in the name of M/s. Beauty Garments, the sole proprietorship firm of the plaintiff/ respondent. The plaintiff/ respondent presented the said cheque bearing No. 436956 dated 10.4.2009 for encashment but the same was dishonoured.