MANGE RAM Vs. RAJ KUMAR YADAV

JUDGEMENT

(1.) Cm No. 30905/2018 (Exemption) Exemption allowed subject to just exceptions.

(2.) The facts of the case are that the respondent/plaintiff filed the subject suit pleading that he gave a loan of Rs. 20 lacs to the appellant/defendant who had asked for financial help. The appellant/defendant promised to repay the same within one year but failed to repay the amount. In part payment the appellant/defendant issued two cheques dated 3.9.2016 for Rs. 2,00,000/- and Rs. 2,50,000/- drawn on Union Bank of India, Paschim Vihar, Delhi, however both these cheques on presentation were dishonoured with the remarks "Funds Insufficient". Therefore, after serving the Legal Notice dated 26.9.2016, the present suit was filed.

(3.) Appellant/Defendant filed his leave to defend application and the basic defence was that the cheques which were presented by the respondent/plaintiff were those cheques which were stolen from the appellant/defendant when the appellant/defendant was robbed while driving his car on 16.4.2015 in Haryana. If I can say so, the story put forth by the appellant/defendant is worth consideration of by a movie director, and therefore, I would like to reproduce the story which is put forth by the appellant/defendant in his own words as stated in the leave to defend application with respect to the theft of the cheques, and this para 9 of the application for leave to defend reads as under:-