RAVINDER KUMAR Vs. GURU TRADING COMPANY

JUDGEMENT

(1.) THE plaintiff is in appeal against the judgment and decree of both the Courts below by which his suit for recovery has been dismissed. The plaintiff filed suit for recovery of Rs. 8,16,000/ - out of which Rs. 6,00,000/ - was towards principal and Rs. 2,16,000/ - towards interest. The case of the plaintiff is that he is running business in the name and style of M/s. Partap Finance Corporation, Defendant No. 2 is doing the business of commission agent under the name and style of M/s. Guru Trading Company, who asked for a loan of Rs. 6,00,000/ - from the plaintiff @ 1% per month which was paid by the plaintiff vide cheque No. 698438 dated 8.10.2007 drawn on Oriental Bank of Commerce Branch, Budhlada. The said amount was received by the defendant by encashing the cheque. The plaintiff made the entry in his books of accounts. The defendant has not returned the amount despite repeated requests, hence, the suit.

(2.) IN the written statement, defendant has alleged that he was working as an accountant with different firms of the plaintiff, namely, Arjan Dass Amar Nath, Amar Nath Narinder Kumar and M/s. Partap Finance Corporation from 1992 to 2001 on a monthly salary of Rs. 5,000/ - which he used to deposit with the plaintiff The defendant settled his accounts with the plaintiff on 1.10.2007 and out of Rs. 6,23,390/ -, which was due towards the plaintiff, received part payment of Rs. 6,00,000/ - by way of cheque which has been encashed.

(3.) LEARNED counsel for the appellant has submitted that defendant No. 2 has failed to lead any evidence to prove that the said money was paid by the plaintiff to him in the salary account.