VELUCHANDRAN Vs. VILASINI AMMA

JUDGEMENT

(1.) O.S No. 138/1998 seeking realisation of money by the plaintiff from defendant was dismissed by the Additional Sub Court, Kollam by judgment dated 24.06.2004. Aggrieved thereby the plaintiff is now before this Court in the appeal on hand challenging the judgment and decree. The 1 defendant died during the pendency of the suit and his legal heirs were brought on record as additional defendants 2 to 6. For the sake of convenience, the parties to the appeal are referred to hereinafter as the plaintiff and defendants.

(2.) The conspectus of the facts of the case are as follows:

(3.) In the written statement filed the 1 defendant has out-rightly denied the transaction of borrowal of money and issuance of cheques. It was contended that the account maintained by him with Ooruttampalam Branch was closed as early as on 11/1/94 following missing of two cheques from his custody, that there was no consideration for the cheques and that therefore those were not legally enforceable. Criminal prosecution launched by the plaintiff under Section 142 of Negotiable Instruments Act, 1881 (for short, 'the Act') through Power of Attorney Holder was dismissed by the Criminal Court. Accordingly, the liability to pay Rs. 2,00,000/- with interest was denied.