AMRUTLAL POPATLAL PARMAR Vs. MAYURBHAI INDUBHAI SHAHERAVALA

JUDGEMENT

(1.) THE appellant ori. defendant has filed this Second Appeal under Section 100 of Civil Procedure Code challenging the order passed by the learned Additional District Judge ( 8th Fast Track Court, Rajkot) on 5. 4. 2007 in Regular Civil Appeal No. 86 of 2005 whereby the learned Additional District Judge has confirmed the judgment and decree passed by the learned 2nd Jt. Civil Judge (S. D.) Rajkot in Special Civil Suit No. 203 of 1990 decided on 30. 3. 2000, except one modification that the rate of interest was reduced from 18% to 6% per annum.

(2.) HEARD Mr. Amratlal Popatlal Parmar, the appellant appearing as party in person, and also perused the judgment and decree passed by the Trial Court as well as the First Appellate Court.

(3.) IT is the case of the ori. plaintiff present respondent that the plaintiff and the defendants were familiar with each other and on friendly terms since long and the defendant is working as LIC Agent, who had borrowed sum of Rs. 1,20,000/- for the purpose of paying initial premiums of LIC policies of his client insurers and the defendant drew cheque No. 088707 dated 12. 2. 1990 in favour of the plaintiff as a security of the amount borrowed. It is also the case of the ori. plaintiff that the defendant was not capable of repaying the amount in due time and, therefore, the cheque was changed from 12. 2. 1990 to 14. 5. 1990 and the defendant also put his signature there at the correction point. That when the said cheque was tendered by the plaintiff in the Bank, the same was returned as unaccepted on 9. 6. 1990 and, therefore, the plaintiff informed the defendant of the fact whereupon the defendant assured the plaintiff to repay the aforesaid sum in a short time. The defendant went on giving false excuses and the plaintiff then came to know that the defendant was trying to dispose off his movable and immovable properties to deprive the plaintiff of his dues and, therefore, the plaintiff has filed suit against the defendant to recover the amount of Rs. 1,20,000/- as the principal amount and Rs. 10,800/- as interest at the monthly rate of 1. 1/2% upto the date 14. 8. 1990.