B K RAJESWARI Vs. G DHARANI

JUDGEMENT

(1.) As against the order granting conditional leave, by directing the appellant, who is the defendant in the suit to deposit a sum of Rs.15 lakhs, the present appeal has been filed.

(2.) Learned senior counsel appearing for the appellant would submit that before the dishonour of cheques in the year 2015, the subsequent presentation followed by dishonour and the filing of the suit thereafter without asking for payment in the interregnum would create suspicion as there are sufficient grounds to show that the payment having been made by way of defence, the conditional order cannot be sustained.

(3.) Learned counsel appearing for the respondent would submit that no payment has been made by the appellant. Factually, the cheques have been dishonoured. Under those circumstances no interference is required.