ABDUL RAHIM Vs. MAGLIN

JUDGEMENT

(1.) DEFENDANT in O.S.No.208 of 2007 of the Principal Sub Court, Thiruvananthapuram is aggrieved by the decree against him passed by the learned Additional District Judge-I, Thiruvananthapuram in A.S.No.343 of 2010.

(2.) RESPONDENT sued the appellant for recovery of money based on a self drawn cheque dated 21.12.2005, dishonoured for insufficiency of funds and since payment was stopped on 20.01.2006. Respondent issued notice to the appellant on 06.02.2006 demanding payment of the amount. It was served on the appellant on 15.12.2006. Since the amount was not paid, respondent sued for recovery of money.

(3.) TRIAL court found the version of respondent improbable and consequently dismissed the suit. First appellate court found that it is the version of the appellant which is improbable, accepted the case of respondent and granted a decree. That judgment and decree are under challenge in this second appeal.