NITIN GARG Vs. ARVIND TYAGI

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the trial court dated 20.12.2016 by which trial court has dismissed the suit for recovery of Rs. 11 lakhs filed by the appellant/plaintiff against the respondent/defendant being the balance amount due to the appellant/plaintiff out of the friendly loan of Rs. 15 lakhs given by the appellant/plaintiff to the respondent/defendant.

(2.) It may be noted that suit has been dismissed although the respondent/defendant was exparte in the suit and the appellant/plaintiff led evidence and proved his case. The respondent/defendant is also exparte in this Court as he has not appeared after service.

(3.) The facts of the case are that the appellant/plaintiff pleaded that he advanced a friendly loan of Rs. 15 lakhs in cash to the respondent/defendant of which a sum of Rs. 4 lakhs was repaid to the appellant/plaintiff. In discharge of his liability, the respondent/defendant issued two self cheques bearing nos. 000085 and 000086 dated 20.05.2014 drawn on HDFC Bank, 72, Ved Mansion, New Delhi-1. The cheques were from the account of M/s Mahip Developers Pvt. Ltd. of which respondent/defendant was the authorized signatory. The cheques were handed over to the appellant/plaintiff by the father of the respondent/defendant, namely Sh. Om Dutt Tyagi with the covering letter dated 06.05.2014. Despite repeated requests, the balance loan amount was not repaid, and it was found that there were no funds in the respondent's/defendant's bank account. Thus, after serving a Legal Notice dated 23.01.2015, the subject suit was filed.