BHARAT DHARIWAL Vs. ASHOK KUMAR

JUDGEMENT

(1.) Appellant has preferred Regular Second Appeal being aggrieved by dismissal of his suit for recovery of Rs.4,68,000.00, on the basis of cheque No. 512545 dtd. 27/7/2010, drawn on Punjab National Bank issued by defendant-respondent, which got dishonoured along with future interest @ 12% per annum. Both the Courts below have dismissed claim raised by plaintiff-appellant vide impugned judgment and decree dtd. 6/4/2012 passed by the Court of Additional Civil Judge (Senior Division), Nakodar and judgment and decree dtd. 20/8/2012 passed by the Court of District Judge, Jalandhar.

(2.) Appellant had sought recovery of Rs.4,50,000.00 as principal amount along with Rs.18,000.00 interest over the same till date of filing of the suit on the ground that the said amount was given to defendant on loan and against said amount, a cheque bearing No. 512545 dtd. 27/7/2010 was issued by defendant, which was dishonoured vide return memo dtd. 14/9/2010 on account of insufficient funds. Appellant had accordingly sought an amount of Rs.4,68,000.00along with 12% future interest. Respondent, however, apart from taking number of preliminary objections on merit denied liability towards appellant and had denied having issued any cheque in favour of appellant against any loan liability as being asserted by appellant. He denied loan as well as issuance of cheque against loan and prayed for dismissal of suit.

(3.) From pleadings of parties following issues were framed:-