RADHAMMA Vs. V.SASIDHARAN

JUDGEMENT

(1.) The defendant in a suit for money under dishonoured cheques is in appeal against the decree.

(2.) According to the plaintiff, on 24/8/2001 the defendant borrowed an amount of D 11 Lakhs from him. The amount was agreed to be repaid in two months. Since the amount was not returned within the time as agreed, as required by the plaintiff, the defendant issued Exts A1 and A2 cheques dtd. 18/11/2001 for D 6 Lakhs and D 5 Lakhs respectively. The cheques when presented for payment were dishonoured. Accordingly, the suit was laid.

(3.) The defendant contended that he was the mediator in respect of a property transaction between the plaintiff and one Dr.Roy. The plaintiff had agreed to sell 24.5 cents of property to the said Dr. Roy for an amount of D 62 Lakhs within a period of six months. Out of the total sale consideration, only an amount of D 52 Lakhs was paid within the time. On the intervention of the defendant, it was agreed that an extent of 12.5 cents of property from the larger extent shall be conveyed in consideration of the amount paid and that the remaining extent shall be conveyed on payment of the balance amount within a period of six month. In assurance of the said payment, the defendant issued the cheques. Subsequently though the balance sale consideration was paid and the entire property was conveyed, the defendant was kept in dark regarding the same. The cheques were not returned. The cheques are unsupported by consideration, it was contended.