MANDIP SINGH Vs. SUSHIL KUMAR

JUDGEMENT

(1.) Cm No. 4699/2018(Exemption)

(2.) The facts of the case are that the respondent/plaintiff filed the subject suit pleading that he has given a friendly loan of Rs.10 lacs to the appellant/defendant and which was secured in terms of the subject cheque bearing no.018155 dated 15.12014 drawn on Oriental Bank of Commerce, Sant Nagar, East of Kailash, New Delhi and this cheque when presented for encashment was dishonoured on 18.12014 and 26.12014 on account of insufficient funds. After waiting for a long time for the appellant/defendant to clear the dues the respondent/plaintiff filed the subject suit under Order XXXVII CPC.

(3.) Appellant/Defendant filed his leave to defend application and pleaded that appellant/defendant had never taken loan from the respondent/plaintiff and that the subject cheque was in fact one of the 20 blank cheques given by the appellant/defendant to one Sh. Siddharth Sapra when appellant/defendant had taken a loan of Rs.1,00,000/- from Sh. Siddharth Sapra. It was pleaded that respondent/plaintiff in collusion with Sh. Siddharth Sapra manipulated one of the 20 cheques for filing of the subject suit.