KRISHNA TRADING COMPANY Vs. MESSRS JAIN RICE MILLS

JUDGEMENT

(1.) The present second appeal has been filed by the defendants No. 1 and 2 against the judgment of reversal dtd. 3/9/2011 of the learned lower appellate Court, whereby the appeal filed by the plaintiff/respondent No.1, against dismissal of the suit by the learned trial Court vide judgment and decree dtd. 24/1/2009, has been allowed.

(2.) Brief facts of the case are that the plaintiff had filed a suit for recovery of Rs.5.00 lacs (principal amount of Rs.3,60,000.00 + interest of Rs.1,40,000.00). Pleaded case of the plaintiff was that the plaintiff is a firm constituted under the Indian Partnership Act, which was doing business of shelling paddy, rice bran etc. and deals in purchasing and selling of rice and other commodities. It is pleaded in the plaint that defendants had purchased basmati rice vide bill No. 698 dtd. 23/2/1999 for a sum of Rs.3,60,000.00; the defendants had issued cheque No. 002281 dtd. 9/4/1999 for an amount of Rs.3,60,000.00 drawn on Central Bank of India for the payment of Rs.3,60,000.00 in favour of the plaintiff. However, the said cheque was dishonoured for insufficient funds vide memo dtd. 31/5/1999. Thereafter, plaintiff had served legal notice upon the defendants. However, to no avail. Hence the present suit.

(3.) Vide judgment and decree dtd. 24/1/2009, learned trial Court had dismissed the suit of the plaintiff with costs. However, the appeal filed by the plaintiff was allowed by the learned Additional District Judge, Amritsar vide judgment and decree dtd. 3/9/2011. Hence the present second appeal by the defendants No. 1 and 2.