MOHANAKUMAR Vs. BHADRAKUMARAN

JUDGEMENT

(1.) THIS second appeal has been directed against the judgment and decree dated 31. 08. 2006 made in A. S. No. 166 of 2004 on the file of the learned District Judge, kanyakumari at Nagercoil, reversing the judgment and decree of the learned subordinate Judge, Padmanabhapuram, dated 02. 01. 2004 made in O. S. No. 5 of 2000.

(2.) THE respondent herein had filed the above said original suit O. S. No. 5 of 2000 for the recovery of a sum of Rs. 51,661/-, being the principal and interest calculated at the rate of 18% per annum based on a dishonoured cheque dated 04. 12. 1999 issued by the appellant/defendant in favour of the respondent/plaintiff and for a further interest from the date of suit till realisation.

(3.) ACCORDING to the plaint averments, the appellant/defendant borrowed a sum of Rs. 50,000/- from the plaintiff on 04. 11. 1999, for the purpose of improving his rubber business, promising to repay the said amount with interest at the rate of 18% per annum within a month and on 04. 12. 1999 when the respondent/plaintiff demanded the repayment of the said amount with interest, the appellant/defendant issued the suit cheque dated 04. 12. 1999 drawn on the indian Overseas Bank, Kulasekaram Branch in favour of the respondent/plaintiff for a sum of Rs. 50,000/- When the cheque was presented through Canara Bank, kulasekaram Branch for collection, the same was returned with an endorsement "account Closed". When the notice intimating the dishonour of the cheque was issued to the appellant/defendant on 15. 12. 1999, the appellant/defendant kept quiet without sending any reply even after receiving the said notice on 18. 12. 1999. Therefore, the respondent/plaintiff was constrained to file the suit for the recovery of the above said sum.