MOTHOOTTU CHITTY FUND Vs. V C LUKOSE

JUDGEMENT

(1.) These appeals challenge the decrees of the court below in money claims based on a cheque endorsed in favour of the plaintiff.

(2.) Various contentions were taken to resist the plaint claim; even to the extent of stating that the cheques were forged. The cheques in any case were accommodation cheques and therefore no money was payable - was yet another contention. These contentions were rightly negatived by the court below. It was found that a plea regarding the cheque being an accommodation cheque was not even indicated in the written statement. In one case, a reply notice was sent. But a plea of an accommodation cheque was conspicuously absent In other cases, no replies were sent at all.

(3.) The 2nd defendant was the person competent to speak about the nature of the cheque. He shied away from the witness box. We are in agreement with the view taken by court below in the light of the evidence, materials and circumstances.