KUNJIPPA Vs. K.P. VALSALAKUMARI

JUDGEMENT

(1.) FACED with the concurrent findings against him by which the suit was dismissed and confirmed in appeal, the plaintiff in O.S.No.203/2006 of Sub Court, Ottapalam has come up in appeal.

(2.) THE short case put forward by the plaintiff is that having received a sum of Rs.1 lakh from him, Ext.A1 cheque was issued by the defendant in discharge of her liability. When the cheque was presented for encashment, it was returned for want of funds. Notice sent to the defendant calling upon her to effect payment invoked no response. Hence the suit.

(3.) THE defendant resisted the suit. She denied the borrowal as alleged in the plaint. She contended that her husband had occasion to borrow a sum of Rs.50,000/ - and at the time of borrowal, the plaintiff had insisted for blank cheques of the defendant, her husband and the brother of the husband of the defendant. It is contended that after the notice was received by the defendant, she had met the plaintiff and repaid the amount. But the cheque was not returned. She believes that her cheques have been misused by the plaintiff to get more interest for the amount given as loan to her husband. On the basis of this contention, she prayed for dismissal of the suit.