PURUSHOTHAMAN NAIR P Vs. SREEKANTAN NAIR

JUDGEMENT

(1.) THE plaintiff in a suit for money is the appellant. The suit was dismissed by the trial court and the appeal filed by him met with the same fate.

(2.) ACCORDING to the appellant, the respondent borrowed Rs.1,50,000/ - on 20.8.2001, for which he issued Ext.A1 cheque dated 15.12.2001, which on presentment was dishonoured due to insufficiency of funds, whereupon a notice was sent intimating the factum of dishonour. It was acknowledged by the respondent but no reply was sent. Hence the suit was filed.

(3.) THE plaintiff and three witnesses were examined as PWs 1 to 4 and Exhibits A1 to A6 were marked. DWs 1 to 3 were examined on the side of the defendants. The suit was initially decreed by the trial court. It was appealed against by the defendant. The appellate court remanded the matter for sending Ext.A1 to an expert for comparison of the handwriting. Though the order of remand was challenged in F.A.O. No.108/2009, that order was confirmed by this Court. After remand, Ext.C1 - the report of the expert was obtained. The learned Sub Judge, after considering the entire evidence, did not accept the plaintiff's case and hence the suit was dismissed. The lower appellate court concurred with the view taken by the trial court and thus the appeal was dismissed.