K K PALANIAPPAN Vs. P S K SUBRAMANIAM

JUDGEMENT

(1.) THIRD defendant in O. S. No. 384 of 1992 on the file of additional Subordinate Judge, Erode is the appellant herein.

(2.) FIRST defendant in the suit is a Firm of which defendants 2 and 3 are partners. FIRST defendant is a registered partnership firm. Plaintiff alleged that on behalf of the firm, defendants 2 and 3 had borrowed a sum of Rs. 60, 000 from plaintiff on 9. 3. 1989 agreeing to return the same within 15 days. A post-dated cheque dated 24. 3. 1989 was also handed over to plaintiff evidencing the transaction. On 27. 3. 1989, plaintiff presented the cheque into the bank. But the same was returned due to want of funds. Immediately plaintiff informed defendant about the dishonoured cheque and second defendant representing the firm wrote a letter to plaintiff that he will settle the transaction on or before 26. 7. 1989 and evidencing the same, letter was also written on 27. 4. 1989. Immediately after expiry of the promised date, plaintiff again presented the cheque, into the bank on 28. 7. 1989 for encashment, which was also dishonoured. Plaintiff again informed defendants about the dishonour of cheque and demanded payment. Si multaneously complaint was also filed before Magistrate's Court under Section 138 of Negotiable Instruments act. On the date of complaint an amount of Rs. 92, 400 was payable including interest.

(3.) AGAINST the Judgment and Decree of the trial Court, third defendant alone preferred appeal in A. S. No. 13 of 1998 on the file of principal District Judge's Court, Erode. Lower appellate Court also did not think of interfering in the decision of trial Court and all the findings were confirmed dismissing the appeal with costs. The concurrent judgments of courts below are assailed in this second appeal.