K. BALASATHIYA NARAYANAN Vs. K. MANOKAR

JUDGEMENT

(1.) Feeling aggrieved by the order dated October 17, 2022, passed by 'the Principal District Court, Erode' ['Trial Court'], in I.A. No.507 of 2019 in O.S. No.176 of 2019 filed under Order I Rule 10 (2) of 'the Code of Civil Procedure, 1908' ['CPC'], the present Revision petition has been filed by the petitioner therein / plaintiff under Article 227 of Constitution of India, to set aside the same.

(2.) The revision petitioner herein is the plaintiff in the Original Suit. The first respondent herein is the defendant, and the second respondent herein is the proposed defendant and wife of the first respondent herein.

(3.) The petitioner / plaintiff filed the suit in O.S. No.176 of 2019 against the first respondent/defendant seeking money decree. The case of the plaintiff is that the first respondent/defendant was engaged in garment business in the name and style of M/s. Shastivel Garments. He approached the plaintiff for financial assistance in the last week of January 2019 and borrowed a sum of Rupees Twenty Lakhs from the plaintiff for his urgent business expenses on February 02, 2019 agreeing to repay the amount with interest at the rate of 18% per annum. On the same date, the first respondent/defendant issued Post Dated Cheque bearing No.366732 dated March 02, 2019 for a sum of Rupees Twenty Lakhs Only. The plaintiff presented the said cheque for collection on March 02, 2019 and the same was dishonoured with an endorsement as Account Closed. Hence, the plaintiff issued a legal notice on March 9, 2019 calling upon the first respondent/defendant to pay the Cheque amount within a period of 15 days. Even on receipt of the said notice, the 1 st respondent/defendant did not pay the loan amount. Hence, the plaintiff filed a complaint under Sec. 138 Negotiable Instrument Act, 1881 against the 1st respondent/defendant before the Judicial Magistrate, Fast Track Court No.2, Erode and the same was taken on file in S.T.C. No.242 of 2011 which is pending for Trial. The plaintiff also filed the Suit in O.S. No.176 of 2019 on the file of the Trial Court, for recovery of a sum of Rs.20,86,000.00 (Principal Amount Rs.20,00,000.00 + Interest Rs.86,000.00), with subsequent interest thereon against the 1st respondent/defendant.