SHARDADEVI S AGARWAL Vs. AHMED ABDUL GANI

JUDGEMENT

(1.) THIS is the summary suit filed by the plaintiff for recovery of Rs. 4,88,450/-contending that the plaintiff had advanced Rs. 2,00,000/- to the defendant on 14.2.1995. According to the plaintiff, the defendant has executed a Pronote on the same date promising to pay Rs. 2,00,000/-with interest thereon.

(2.) ACCORDING to the plaintiff by letter dated 15.8.2002 the defendant acknowledged his liability and promised to pay the said amount and in discharge of his liability issued a cheque of Rs. 2,00,000/- on 13.1.2004. The bankers of the defendant did not honour the said cheque. With the result, the present suit is filed by the plaintiff on the basis of the dishonoured cheque. The plaintiff has also instituted prosecution under Section 138 of the Negotiable Instruments Act ("N.I. Act" for short) and the same is pending.

(3.) AT this stage, it is relevant to note that the plaintiff has also filed an undertaking on oath stating therein that in the event present suit is decreed and the decretal amount is recovered before finalization of the Criminal Case No.4327/SS/2005, then the plaintiff would not claim any compensation in the criminal proceedings initiated under Section 138 of the N.I. Act. It is further stated on oath that in the event the suit is decreed and the decretal amount remains to be realized before decision of the Criminal Case referred to herein and if the Criminal Court awards compensation,and amount is recovered from the defendant/accused, then the plaintiff would adjust that amount towards decretal claim. In other words, the plaintiff has given an undertaking that he will not make dual claim against the defendant. The statements made in this behalf and undertaking given are accepted and taken on record.