A.S. SAKTHIVEL Vs. M. PERUMAL

JUDGEMENT

(1.) The defendant is the appellant.

(2.) The plaintiff filed O.S.No.122 of 2015 on the file of the Subordinate Court, Tuticorin for the relief of recovery of money of a sum of Rs.2,00,000.00 based upon a post dated cheque executed by the defendant in favour of the plaintiff. The trial Court dismissed the suit. As against the same, the plaintiff had filed A.S.No.38 of 2020 before the I Additional District Judge, Tuticorin. The learned District Judge was pleased to allow the appeal and granted a decree as prayed for. As against the same, the defendant has filed the above second appeal.

(3.) The plaintiff has contended that the plaintiff and the defendant are friends. The defendant had borrowed a sum of Rs.2,00,000.00 from the plaintiff on 19/6/2014 for urgent family needs and he agreed to repay the said amount within a period of one month. According to the plaintiff, the defendant has issued a post dated cheque drawn on HDFC Bank, Tuticorin Branch in favour of the plaintiff for a sum of Rs.2,00,000.00. According to the plaintiff, the defendant presented the said cheque for collection in Vijaya Bank, Tuticorin Branch on 20/7/2014 and the same was returned on 21/7/2014 with a memo stating that the defendant's bank account has been closed by him. The plaintiff had issued a legal notice to the defendant under Exhibit A3 and Exhibit A4 is an acknowledgement for the same. Hence, the plaintiff filed the present suit for recovery of money.