RAJESH VERMA Vs. SURAJ PRAKASH SINGHAL

JUDGEMENT

(1.) CM No. 27183/2018 (Exemption)

(2.) The facts of the case are that the respondent/plaintiff filed the subject suit for recovery of the amount of two dishonoured cheques of Rs.1, 50, 000/- and 1, 40, 000/- i.e totalling to Rs.2, 90, 000/-. These cheques were given by the appellant/defendant to the respondent/plaintiff for refund of the loan which was taken by the appellant/defendant from the respondent/plaintiff. When these cheques were presented for collection before the bank, the same were dishonoured with the remarks "Funds Insufficient". After serving a Legal Notice dated 21.4.2016 the subject suit under Order XXXVII CPC was filed.

(3.) Appellant/Defendant filed his leave to defend application and in order to see the complete lack of substance in the affidavit in support of the application for leave to defend because the same raises no triable issues and only contains vexatious and frivolous defences, the said affidavit in support of the leave to defend application filed by the appellant/defendant is reproduced as under:-