ATHIYAPPAN Vs. THIYAGARAJAN

JUDGEMENT

(1.) This First Appeal, under Sec. 96 CPC, is directed against the judgment and decree dtd. 27/9/2019 made in O.S. No.23 of 2017 on the file of the III Additional District Judge, Villupuram @ Kallakurichi, whereby the suit filed by the respondent / plaintiff for recovery of a sum of Rs.12,00,000.00 with interest came to be decreed.

(2.) For the sake of convenience parties are referred to by their ranks as they stood before the courts below. The defendant in the suit is the appellant in this first appeal.

(3.) The plaintiff's case is that the defendant borrowed Rs.12,00,000.00 as hand loan on 18/8/2017 and, towards repayment, issued a cheque bearing No.291834 dtd. 18/8/2017 drawn on ICICI Bank, Kallakurichi Branch, from Account No.088705001582 maintained by him; when the cheque was presented through ICICI Bank, Kallakurichi on 19/8/2017, it was returned unpaid on 21/8/2017 with the endorsement "funds not sufficient", and alleging that the defendant thereafter sought to evade repayment by alienating his properties and leaving the local limits, the plaintiff instituted the present suit for recovery of the said amount with interest and costs.