T.JANARDHANAN Vs. KILBAN FOODS (INDIA) PVT. LTD

JUDGEMENT

(1.) THE Second Appeal arises from the judgment and decree of the II Additional District Court, Kozhikode in A.S.No.19 of 2003 reversing dismissal of O.S.No.43 of 2001 of the Principal Munsiff's Court, Kozhikode-I and granting a decree in favour of the respondent for recovery of money based on a dishonoured cheque.

(2.) THE respondent is a private limited company engaged in supply of food products. It claimed that it has been supplying food products at Payyannur, in Kannur District through the appellant, who was engaged as its dealer. As per Exts.A6 and A6(a), invoices dated 24.04.1998 and 02.05.1998 the appellant took delivery of food products worth Rs.64,580.66 on credit basis and on demanding payment of the amount, the appellant issued Ext.A1, cheque dated 29.07.1998. That cheque, on presentation was dishonoured. Thereon, the respondent issued Ext.A2, notice to the appellant on 14.08.1998 intimating the dishonour and demanding payment of the amount. To that notice there was no response. Hence the respondent instituted the suit for recovery of the amount.

(3.) THE trial court came to the conclusion that Exts.A6 and A6(a) which are computer printouts of the invoices cannot be accepted and acted upon without proper authentication. The trial court also came to the conclusion that liability of the appellant towards the respondent is not established and hence, the respondent is not entitled to recover the amount as prayed for. The suit was dismissed. At the same time, the counter claim made by the appellant for return of the security amount was allowed.