C H RAVEENDRAN Vs. C O RAMAKRISHNAN NAMBIAR

JUDGEMENT

(1.) This Civil Revision Petition is filed by the plaintiff in O.S. No. 118 of 1999 on the file of the Additional Sub Judge, Thalassery. The suit was filed by him for realisation of a sum of Rs. 20,79,953/- with interest from the date of the suit till realisation. According to the plaintiff, the amount was due from the defendant as per a cheque for Rs. 20,00,000/-, which was dishonoured for insufficient funds in the account of the defendant.

(2.) The plaintiff and the defendant are non resident Indians working at Manama in Baharin. The original transaction between the plaintiff and the defendant took place at Baharin from where the defendant owed a sum equivalent to Indian Rs.20,00,000/- and issued the cheque payable at Vijaya Bank, Edakkad Branch within the jurisdiction of the Sub Court, Thalassery.

(3.) The defendant entered appearance and filed written statement denying the transactions. He admitted that the plaintiff and the defendant were friends and he contended that he used to keep signed cheques in his drawer in the room and he suspects that the plaintiff has fraudulently removed some cheques and utilised the same for creating false documents in his favour. He also stated in the written statement that he is not in a position to say whether the signature in the cheque is his or not.