T. MOHAN KUMAR Vs. R. ASOK KUMAR

JUDGEMENT

(1.) The unsuccessful Defendant in O.S. No.213 of 2015 on the file of the II Additional District and Sessions Court, Erode (for brevity the Trial Court), is the Appellant herein. Challenge is to the decree for money granted in the said Suit which was predicated on a dishonoured Cheque.

(2.) For the sake of convenience, the parties will be adverted to as per their rank before the Trial Court.

(3.) According to the Plaintiff, the Defendant borrowed a sum of Rs.23.00 lakhs from him on 4/11/2012 and issued a post-dated Cheque, dtd. 5/12/2012. The Cheque that was presented for payment by the Plaintiff was dishonoured on 27/12/2012. The Plaintiff issued a Notice on 4/1/2013 seeking repayment, and the Defendant, having received the notice, did not send any reply. The Defendant agreed to pay Interest @ 12% per annum from the date of borrowal and the Plaintiff restricted the claim to 9% per annum from the date of the Suit. On the basis of dishonour of the Cheque, a Criminal case in S.T.C. No.459 of 2013 was also launched by the Plaintiff before the Judicial Magistrate Court No.III, Erode, which was dismissed and on Appeal by the Plaintiff, there was conviction, which is challenged by the Defendant in a revision and the said revision is pending.