SUSHIL MAAN Vs. RAJESH RANA

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the Order XXXVII CPC suit impugning the Judgment of the Trial Court dated 13.2.2018 by which the trial court has dismissed the leave to defend application filed by the appellant/defendant and decreed the suit filed on the basis of dishonoured cheque for a sum of Rs.6, 00, 000/-.

(2.) The case of the respondent/plaintiff was that the appellant/defendant was granted a friendly loan of Rs. 6, 00, 000/- on 7.9.2015 and to secure which the appellant/defendant had issued a post dated Cheque No. 324347 drawn on Punjab National Bank, Sector-10, Dwarka, New Delhi dated 7.9.2016. Respondent/plaintiff did not present the cheque for encashment on the request of the appellant/defendant but ultimately on account of non-payment of the dues the respondent/plaintiff issued the Legal Notice dated 2017 and thereafter filed the subject Order XXXVII suit.

(3.) In the leave to defend application it is not disputed by the appellant/defendant that he did take a loan of Rs. 6, 00, 000/- from the respondent/plaintiff and also that the subject cheque was issued by the appellant/defendant in favour of the respondent/plaintiff. The defence of the appellant/defendant was that he had repaid the loan amount to the respondent/plaintiff in the presence of a witness being his brother Sh. Anil Maan on 30.4.2016. It was pleaded that the respondent/plaintiff promised to return back the cheque but he did not do so inspite of reminders. Accordingly unconditional leave to defend was prayed.