SEKHAR BANIK Vs. KESHAB BANIK

JUDGEMENT

(1.) Heard Mr. D. Chakraborty, learned senior counsel assisted by Mr. H. Laskar, learned counsel appearing for the appellant as well as Mr. D.C. Roy, learned counsel appearing for the respondent.

(2.) This is an appeal from the judgment dated 17.03.2012 delivered in Money Appeal No. 10 of 2011. The respondent instituted a suit in the court of the Civil Judge, Junior Division, Court No. 1, Agartala being Money Suit 09 of 2008 for realisation of a sum of Rs. 1,00,000/ - from the appellant.

(3.) The respondent as the plaintiff stated in the plaint that of paying back the amount within March, 2005, the respondent extended a loan of Rs. 1,00,000/ - to the appellant, the defendant of the suit. But on his demand on expiry of the due date the appellant failed to repay the said loan amount. After much insistence a cheque of Rs. 1,00,000/ - under No. 3389012 dated 02.09.2005 drawn on Punjab and Sindh Bank, was issued by the appellant Agartala, in favour of the respondent and the cheque was deposited for encashment. The said cheque was bounced. The bank had shown the reasons that the cheque was irregularly drawn exceeding the arrangement meaning for insufficiency of fund. A criminal proceeding was also launched against the appellant by the respondent under Sec. 138 of the Negotiable Instrument Act. But ultimately that complaint was not persued. On the basis of the pleadings, the following issues were framed by the trial court: