K.V.JOHN Vs. A.V.JOY

JUDGEMENT

(1.) THE plaintiff who lost before both the courts below is the appellant before this Court.

(2.) ACCORDING to him, having borrowed a sum of Rs.1,00,000/ - from him in August 2008, to discharge the said debt, the defendant issued Ext.A1 cheque dated 01.11.2008. The cheque was presented for encashment but it was returned unpaid. To be more precise, the cheque was returned since stop payment memo has been issued by the person who issued the cheque. Notice was issued to the defendant calling upon him to effect payment of the amount covered by the cheque to which reply was duly sent by the defendant. Since the amount remained unpaid, suit was laid.

(3.) THE defendant resisted the suit by pointing out that there was no transaction as alleged by the plaintiff and the cheque which was used by the plaintiff was one which has been misplaced by him and regarding which he has already issued stop payment memo to the Bank.