AMIYA KUMAR SWAIN Vs. NANDITA MOHANTY

JUDGEMENT

(1.) This is a plaintiff's appeal against a confirming judgment. The plaintiff's suit for realization of Rs.75,000.00with interest from the defendant was dismissed by the Trial Court and confirmed by the 1st Appellate Court.

(2.) The plaintiff's case, briefly stated, is that he and defendant's husband were friends andin visiting terms. On request of the defendant, the plaintiff advanced friendly loan to the defendant to the tune of Rs.1,20,000.00 on different dates for which the defendant's husband issued two cheques on 1/8/2006 and three further cheques on 2/8/2006, 7/8/2006 and 9/8/2006. The defendant's husband expired in October, 2006 and she moved to Rourkela. When the plaintiff presented the cheques for encashment before the bank, the same were dishonoured for insufficient funds. When he approached the defendant for repayment of the loan, the defendant took time till February, 2007 but subsequently avoided. The plaintiff sent registered notice to the defendant on 16/3/2007, which was received on 21/3/2007. On 22/3/2007, the defendant refunded a sum of Rs.45,000.00by cheques dtd. 1/8/2006 and 2/8/2006 with assurance to pay the remaining amount of Rs.75,000.00 by 1/4/2007. The amount not having been paid, the suit was filed.

(3.) The defendant contested the suit by filing written statement denying the plaint averments in toto. She specifically took the plea that her husband had never taken loan from the plaintiff as claimed nor of having refunded Rs.45,000.00 by way of cheque or of giving any assurance to pay the remaining amount.