THAMARASSERY VENKIDACHALAM Vs. SURESHBABU V. R.

JUDGEMENT

(1.) The defendant in a suit for recovery of money is the appellant. The plaintiff filed the suit for recovery of an amount of Rs.1,50,000.00 with interest at the rate of 12% which is covered by Ext.A1 cheque dtd. 12/02/2013 alleged to have been issued by the defendant.

(2.) As per the plaint allegations, the plaintiff and defendant are known to each other with close acquaintance. On account of the same, for the purpose of his family, the defendant borrowed an amount of Rs.1,50,000.00 on 25/07/2012 from the plaintiff agreeing to repay the same within two months from the said date. Later, when the plaintiff demanded repayment of the said amount, the defendant visited the residence of the plaintiff and issued Ext.A1 cheque which is written and signed by the defendant, for discharging of the liability of Rs.1,50,000.00. On presentation of the cheque, the cheque was dishonoured. Though lawyer notice was sent on 16/02/2013, the defendant did not pay the cheque amount.

(3.) The defendant opposed the suit prayers by filing written statement contending that the defendant had borrowed an amount of Rs.1,00,000.00 from the plaintiff in March 2012 and on demand of the plaintiff, the defendant had issued two blank signed cheque leaves and the title deed of the property of the defendant as security to the plaintiff. The plaintiff is a money lender by profession. The defendant approached the plaintiff through a friend for obtaining a loan on account of his urgent financial need. The defendant belongs to the State of Tamil Nadu. Later, a total amount of Rs.1,13,000.00 was repaid to the plaintiff in instalments in April, May, June, July and August, 2012. The defendant sent a Notice dtd. 26/06/2013 in reply to the Notice dtd. 16/02/2013 issued by the plaintiff through lawyer. Though the defendant requested to return the security documents, the plaintiff demanded an additional amount of Rs.50,000.00 from the defendant. Later, he demanded Rs.78,000.00 from the defendant and the defendant submitted petition to the Chavakkad Police Station on 14/02/2013 in this regard.