T.K. VENUGOPAL Vs. A. KOMALAVALLY

JUDGEMENT

(1.) Assailing the concurrent dismissal of the suit for money, the plaintiff is in appeal.

(2.) According to the plaintiff, Ext. A1 cheque dated 26.06.95 was issued by the defendant in discharge of an amount of Rs. 98,000/- borrowed from him. The cheque when presented, was dishonoured for insufficiency of funds. It is accordingly that the suit is laid on the dishonoured cheque.

(3.) The defendant admitted the issuance of Ext. A1 cheque. It was contended that the defendant borrowed an amount of Rs. 70,000/- from the plaintiff and as required by him, Ext. A1 cheque was issued. An amount of Rs. 10,000/- was repaid by the defendant. The borrowal from the plaintiff was at the intervention of one Sivaraman who is a relative of the defendant. To secure the payment of the amount, Sivaraman executed a sale deed in respect of his property to the plaintiff. The amount borrowed with interest was repaid by the defendant to the said Sivaraman. It is accordingly prayed that the suit be dismissed.