K.JAMALUDHEEN Vs. ABOOBACKER

JUDGEMENT

(1.) The defeated plaintiff in a suit for realisation of money is the appellant.

(2.) O.S.No. 130/2007 on the file of the Subordinate Judge's Court, Manjeri, was filed by the appellant/plaintiff contending that on 22.10.2007, the defendant/respondent herein, borrowed a sum of Rs.2,00,000/- by entrusting a cheque for Rs.2,00,000/- dated 28.10.2007. The plaintiff presented the cheque on 07.11.2007, which was returned on account of insufficient funds. Contending that the defendant was attempting to transfer his property, the suit was filed on 07.11.2007, the same day on which the cheque bounced, claiming an amount of Rs.2,01,002/- with interest at the rate of 12% per annum against the defendant and his assets.

(3.) The defendant contended that he was not a neighbour of the plaintiff, who was staying at Nilambur, which is 23 kilometres away from the residence of the defendant. The entire transaction, as alleged in the plaint, was denied. The defendant contended that he had borrowed a sum of Rs. 25,000/- from the plaintiff and that, at the time, three signed cheque leaves were issued by the defendant as security for the said transaction. Though the amount borrowed was repaid, the cheques were not returned as the plaintiff raised a dispute regarding the rate of interest payable. Defendant alleges that after closing the said transaction on 05.07.2006, he had gone abroad and returned to Bombay on 09.05.2007 and continued to stay there. While residing there, he received information regarding a warrant issued against him by a criminal court on the basis of the complaint filed by the plaintiff. Accordingly, he came down and surrendered before the criminal court and was released on bail. It is further alleged that a blank signed cheque given for the closed transaction was fraudulently misused by the plaintiff.