K. C. SHARMA Vs. HIMANSHU SIKKA

JUDGEMENT

(1.) This appeal challenges the judgment and decree dated 28.02.2018 passed by ADJ-03, Rohini Courts, Delhi in CS No.15/2015 whereby suit under Order 37 CPC filed by the respondent for recovery of 8,72,123/- was decreed in favour of respondent and against the appellant herein.

(2.) The suit was filed on the premise the appellant and his son-in-law were partners in a partnership firm dealing in wholesale and retail business in paper and paper products in the name and style of M/s Balaji Paper mart and have placed orders to the respondent for the supply of stationary in which the respondent was dealing. It was alleged by the appellant, the respondent is doing business in the name of M/s Laxmi Papers.

(3.) It was further averred sometimes the appellant made payments in cash and but later in consideration of the supply of paper products the appellant had issued three cheques totaling to 8,72,123/- in discharge of partial liability. Admittedly, all these three cheques were dishonoured for reasons 'insufficient funds', hence a notice was issued by the respondent upon the appellant and then this suit under Order 37 CPC was filed. A criminal complaint under Section 138 of Negotiable Instruments Act was also filed against the appellant.