DURAIRAJ Vs. LAKSHMI RAJAN

JUDGEMENT

(1.) WITH the consent of both sides, this second appeal is taken up for final disposal at the admission stage itself.

(2.) THE unsuccessful defendant in O.S.No.56 of 2009, before the Trial Court/Sub Court, Sankarankovil and before the First Appellate Court/Principal District Court, Tirunelveli, is the appellant herein.

(3.) THE suit in O.S.No.56 of 2009 has been instituted by the plaintiff on the allegation that on 18.01.2007, the defendant borrowed Rs.3,00,000/ - from him and promised to repay it within a month, in support of it he has issued Ex.A1 cheque, dated 18.01.2007, drawn on Central Bank of India, Sivagiri Branch, which was issued in the presence of P.Ws.2 and 3 Palanisamy and Kalidoss. However, when the cheque was presented to the bank, it was dishonoured and the plaintiff was informed by the bank under Exs.A2 and A3. Thereafter, in spite of demand, since the amount was not paid, the suit was instituted.