S RAJAN Vs. A M SAMUEL

JUDGEMENT

(1.) This is an appeal preferred against the judgment and decree of the Subordinate Judge's Court, Kollam in O.S. No. 619/1992. The suit is one for realisation of money and the trial court has granted a decree in favour of the plaintiff for a sum of Rs. 46,200/- with future interest at 18%. It is against that decision, the appeal is filed by the defendant.

(2.) The brief facts necessary for the disposal of the appeal are stated as follows:

(3.) It is the case of the plaintiff that for Rs. 30,000/-, the defendant initially gave a promissory note and subsequently issued a cheque and at that time, the promissory note was returned and the cheque was presented for encashment. The cheque was not honoured and hence, the suit for realisation of Rs. 30,000/- with interest.