RAMBHOOL SINGH Vs. MANJEET SINGH

JUDGEMENT

(1.) This Regular First Appeal is preferred by the appellant/defendant against the judgment and decree dated 22.12.2018 passed by the learned Additional District Judge-01/East District, Karkardooma Courts, Delhi/ (hereinafter as the learned 'Trial Court') in Civil Suit No.318/2017 whereby the suit filed by respondent/plaintiff under Order XXXVII CPC for recovery of Rs.4.50lac was decreed with simple interest @ 6% per annum while rejecting the leave to defend application of the appellant.

(2.) The facts in brief are:-

(3.) The appellant filed an application for leave to defend before the learned Trial Court taking a plea that the appellant and the respondent both were known to each other and respondent introduced himself as an agent for securing bank loans and thus only for the purpose of securing the loan from bank, the appellant had given the documents viz blank signed cheques, Aadhaar Card, a signed promissory note and even signed some other blank documents on an assurance the loan shall be sanctioned in the name of the appellant, but neither any loan was sanctioned nor the respondent returned the said documents and later had misused the same to extort the money from the appellant herein. It is also alleged by the appellant that legal notice dated 20.02.2016 was never received at any point of time and the amount of Rs.4.50 lac allegedly paid in cash by the appellant is barred by the Income Tax Act and only for this reason, the complaint under Section 138 NI Act was dismissed in appeal by the learned Sessions Court.