KIRANKUMAR BHOGILAL PANDYA Vs. RAMCHANDRA NARANBHAI PATEL

JUDGEMENT

(1.) This is defendant's Appeal against the judgment and decree dt.4.12.99 passed by Civil Judge (S.D.), Anand in Special Civil Suit No.46/94 whereby the suit was decreed in favour of the plaintiff for a sum of Rs.56,000.00 with running interest at the rate of 12% per annum from the date of filing of the Suit till the date of actual realisation and also the costs of the Suit.

(2.) The plaintiff and the defendant were serving in Amul Dairy. The defendant took upon himself to run some agency in the name and style of Janta Bachat Group and to receive deposits from the public at large in the name of the said Janta Bachat Group. The plaintiff deposited an amount of Rs.50,000.00 and the defendant had issued a receipt for the same. The deposit was made on 15.3.85 for a period of one year and it was stipulated that this deposit will remain in force till 15.3.86 coupled with the condition that the plaintiff will not be entitled to receive the money back or demand the same on or before 15.3.86. It is the case of the plaintiff that when he found himself to be in need of money, he asked the defendant to return the same on 1.3.92 but the defendant did not return the same and later on issued a post dated cheque dt.10.10.92 drawn upon the Kaira District Central Co-operative Bank Ltd., Amul Dairy Branch from his Account No.917 for Rs.50,000.00 as he was not having cash at that time. It is also the case of the plaintiff that he promised that the cheque will be cleared but upon presentation of the same, it was not honoured as the payment was stopped by the defendant. Plaintiff therefore served the defendant with a notice, the defendant yet failed to pay the amount of Rs.50,000.00alongwith interest and, therefore, the present suit was filed by the plaintiff on 6.5.94.

(3.) The defendant through written statement Exh.24 denied the liability to pay the suit amount and sought to traverse the claim of the plaintiff on the ground that the suit cheque was got written in Police Station forcibly under threat and coercion and, therefore, the defendant had instructed his Banker and got the payment stopped. The defendant has also come with the case that the plaintiff had got written a writing on a stamp paper of Rs.10.00 and a cheque No.0627159 for Rs.50,000.00 mentioned in the suit, from the defendant in Anand Rural Police Station on 8.4.92 forcibly and hence the defendant had issued a Registered notice on 29.4.92 through his advocate stating therein that the writing and the cheque were illegal and void and had asked the plaintiff to return the same. It has been submitted by Mr.Patel that the plaintiff had refused to accept this notice.