SURINDER SINGH VIJAY KUMAR Vs. BALVIR SINGH

JUDGEMENT

(1.) Defendants are in appeal against the judgment and decree dtd. 13/9/2019 passed by the District Judge, Ferozepur, whereby the judgment and decree dtd. 15/2/2019 passed by the Civil Judge (Junior Division), Zira stands reversed and the suit filed by the plaintiff seeking recovery of Rs.7,49,000.00 along with future interest @ of 12% stands decreed.

(2.) Plaintiff filed suit seeking recovery of Rs.7,49,000.00 against the defendants. Rs.7.00 lacs is stated to be the principal amount and Rs.49,000.00 is claimed to be interest prior to filing of the suit.

(3.) As per the plaintiff, he used to sell his agricultural produce with defendant No.1-firm. Defendants used to issue 'J' forms regarding the agricultural produce sold. As per the running account, defendants were liable to pay a sum of Rs.7.00 lacs on 27/8/2015. In order to discharge his existing liability, defendant No.1-firm through its partner namely, Vijay Kumar issued cheque No.386218 dtd. 27/8/2015 and cheque No.386219 dtd. 10/9/2015. Both drawn on Oriental Bank of Commerce, Branch Zira for an amount of Rs.4.00 lacs and 3 lacs respectively. Plaintiff was assured by defendant No.2 Surinder Singh and Vijay Kumar that the amount will be paid to him in cheque and asked the plaintiff to wait for some time. Believing the assurance, the plaintiff did not present the cheques for some time. However, after defendants started evading the payment on one pretext or other, plaintiff presented the cheques. Both the cheques were dishonored. Cheque No. 386218 was dishonored with the report 'cheque is out of date'. Cheque No.386219 was returned with the remarks 'amount freezed'. Vijay Kumar, one of the partners died, leaving behind defendant No.1(b)(e) as his legal representative. Plaintiff thus claimed that they are also equally liable to account for the liability left by Vijay Kumar, i.e. the partner of the firm.