DAYA RAM Vs. KEHAR SINGH

JUDGEMENT

(1.) C.M. No.43442/2018(exemption)

(2.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the Judgment of the Trial Court dated 03.07.2018 by which the trial court has decreed the suit for recovery of Rs. 20 lakhs given by the respondent/plaintiff to the appellant/defendant as a loan, and this loan amount was secured by the appellant/defendant vide cheque no. 013992 dated 05.03.2011, and this cheque was dishonoured resulting in the filing of the subject suit.

(3.) The facts of the case are that, the respondent/plaintiff filed the subject suit pleading that he gave a loan of Rs. 20 lakhs to the appellant/defendant for construction of the appellant's house as also for the tent business being run by the appellant/defendant. It was further pleaded that the appellant/defendant in part-payment, first, gave a cheque of Rs. 3 lakhs on 28.02.2009 which was dishonoured with the remarks 'Funds Insufficient'. Thereafter, another cheque of Rs. 14 lakhs was given by the appellant/defendant to the respondent/plaintiff on 30.08.2009 and the same was also dishonoured on presentation. Ultimately, the subject cheque of Rs. 20 lakhs was given by the appellant/defendant to the respondent/plaintiff on 05.02011, and when the same was deposited with the bank, it was returned with the remarks 'Funds Insufficient'. After serving the Legal Notice dated 22.02011, the subject suit was filed for recovery of the loan granted of Rs. 20 lakhs alongwith interest @ 12% per annum.