RAJESHREE Vs. KANTADEVI

JUDGEMENT

(1.) . Heard the learned advocate of both the sides on the point of admission.

(2.) The original defendants are in second appeal, being aggrieved and dissatisfied by the judgment and decree passed by the trial court, holding them liable to pay to the respondent/plaintiff a sum of Rs.4,78,500.00 together with future interest at the rate of 6% per annum from the date of the suit i.e. 30/1/2014 and the dismissal of their appeal by the District Court.

(3.) Deceased Rajendra was the husband of the appellant no.1 and father of other two appellants. He borrowed Rs.4.00 lakh as a handloan from the respondent and agreed to return it within a month. He failed to repay. The respondent raised demand with Rajendra. He issued couple of cheques drawn on his banker for Rs.2.00 lakh each payable on 17/1/2013 and 20/1/2013. The cheques were presented for encashment on 8/4/2013, but were dishonoured and returned to her on 16/4/2013. A statutory notice for initiating a proceeding under sec. 138 of the Negotiable Instruments Act, 1881 was sent to him. He received it. Unfortunately, Rajendra died in a road accident on 30/4/2013. A fresh notice was served to the appellants, but they did not respond and the suit was instituted.