(1.) C M No. 6629/2019 (Exemption)
(2.) This Regular First Appeal under Sec. 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant no.1 in the suit impugning the Judgment of the trial court dated 29.11.2018 by which the trial court has decreed the suit which was filed by the respondent/plaintiff for a sum of Rs. 8,60,000.00 along with interest, for a lesser amount of Rs. 4,70,000.00 along with interest at 12% per annum. The suit has been decreed on account of the amount decreed being the balance due for a friendly loan taken by the appellant/defendant no.1 from the respondent/plaintiff.
(3.) The facts of the case are that the respondent/plaintiff filed the subject suit pleading that he had advanced a loan of Rs. 6,00,000.00 to the appellant/defendant no.1, and the same was confirmed by the appellant/defendant no.1 by executing an Affidavit-cum-Undertaking dated 13.12.2007 for a sum of Rs. 6,00,000.00. It was pleaded that the appellant/defendant no.1 had issued a Cheque dated 14.11.2008 for a sum of Rs. 80,000.00 in favour of the respondent/plaintiff, which was dishonoured twice. When the cheque was dishonoured for the second time, a Legal Notice dated 06.06.2009 was issued to the appellant/defendant no.1, and thereafter a complaint was filed under Sec. 138 of the Negotiable Instruments Act, 1881. The appellant/defendant no.1 had deposited sums of Rs. 50,000.00, Rs. 40,000.00 and Rs. 40,000.00, totaling to Rs. 1,30,000.00 in the bank account of the respondent/plaintiff on three separate occasions i.e. Dec. 2008, March 2009 and April 2009. The respondent/plaintiff has therefore filed the subject suit pleading that an amount of Rs. 6,00,000.00 has to be recovered as the principal amount and an amount of Rs. 3,90,000.00 as interest, and that since Rs. 1,30,000.00 stands paid towards interest, now the balance amount due would be Rs. 8,60,000.00.