MANAK CHAND JAIN Vs. PUKHRAJ BAI

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 13-3-2007, passed by iiird Additional District Judge, Indore, in Civil Suit No. 4-B/2006, whereby suit filed by the respondents was decreed and the appellant was directed to pay a sum of Rs. 1,02,501/- along with interest on Rs. 75,000/- @ 6 % p. a. w. e. f. 19-11-2002, the present appeal has been filed.

(2.) SHORT facts of the case are that the respondents filed a suit for realization of amount of Rs. 1,02,501/- on 18-11-2002 alleging that Ramesh chandra was the son of respondent No. 1 and brother of respondent No. 2. Appellant was having good relations with deceased Ramesh Chandra Jain. It was alleged that appellant was in need of money and a sum of Rs. 75,000/- was lent by deceased Ramesh Chandra Jain to the appellant and appellant gave a post dated cheque to deceased Ramesh. It was alleged that the cheque which was given by the appellant to the respondents was bearing cheque No. 1992240 of Dena Bank, Jail Road, Indore, which was payable on 20-11-1999. It was alleged that the cheque was issued by the respondents as proprietor of M/s. M. C. J. Fuel Corporation. Further case of respondents was that deceased ramesh in his life time presented the cheque for collection through M. P. State co-operative Bank, Indore, but the same was returned by Dena Bank with a memo dated 19-5-2000, wherein it was mentioned that it "exceeds arrangement". Further case of respondents was that after the return of the cheque a demand was made by the deceased Ramesh in his life time and after his death by the respondents. Lastly, the demand was made vide notice dated 10-6-2002, which was duly served on the appellant, but wrong reply was given, hence the suit was filed.

(3.) THE suit was contested by the appellant by filing written statement, wherein plaint allegations were denied. It was denied that any amount was taken by the appellant from deceased Ramesh Chandra. It was also alleged that appellant was having no relation with the deceased Ramesh. Deceased Ramesh was having relations with one Narayan. Narayan has taken loan from deceased ramesh Chandra. Appellant was having good relations with Narayan and because of good relation with Narayan and the money was given by Ramesh to narayan appellant gave a cheque of Rs. 75,000/- to the deceased Ramesh. It was also alleged that Narayan has paid the amount which has taken by him from ramesh. Thereafter, the appellant demanded for return of cheque, but appellant was informed by deceased Ramesh that cheque has been misplaced. It was prayed that the suit be dismissed. After framing of issues and recording of evidence learned Trial Court decreed the suit, against which present appeal has been filed.