GURMEJ SINGH Vs. PARNAM SINGH

JUDGEMENT

(1.) Instant regular second appeal, at the hands of unsuccessful defendant, is directed against the impugned judgment and decree dtd. 4/8/2016 passed by the learned District Judge, whereby first appeal of defendant was dismissed and the judgment and decree dtd. 12/2/2014 passed by the learned trial Court, decreeing the suit of the plaintiff for recovery, were upheld.

(2.) Succinctly put, facts necessary for decision of the present appeal, as noticed by the learned first appellate court in para 2 of its impugned judgment, are that plaintiff-Parnam Singh had filed a suit for recovery of Rs.6,00,000.00 against Gurmej Singh-defendant, on the averments that earlier he filed a suit against defendant for mandatory injunction directing the defendant to execute sale deed of his property bearing Khasra No.43/18/2, 19/2, 22/3 measuring 6 marlas consisting of two rooms and one shop, situated at village Kamboj, Chowk Khairabad, Abadi Sunder Nagar, Amritsar, in his favour as per agreement dated 30.11998, after having received a sum of Rs.3,00,000.00. During the pendency of that civil suit, a compromise was effected between the parties and as per compromise, plaintiff agreed to withdraw the said civil suit and the defendant agreed to pay a sum of Rs.6,00,000.00 to the plaintiff. In pursuance to said compromise, the defendant issued a cheque bearing No.1014665 of dated 10.11.2004 for Rs.6,00,000/- in favour of the plaintiff and requested the plaintiff to withdraw the pending suit, however, the plaintiff asked the defendant that he would withdraw the suit after clearance of the cheque. Thereafter, as per instructions of the defendant, plaintiff presented the aforesaid cheque for its clearance on 004.2005 (sic 005.2005) but the same was dishonoured by the banker of defendant vide memo dated 05.05.2005 with remarks "Account closed". Then after adopting due procedure, plaintiff filed a complaint under section 138 of Negotiable Instruments Act against the defendant on 11.06.2005 and also withdrew the civil suit on 05.02006. Vide judgment dated 201.2008 the defendant was convicted and sentenced by the court of Shri Ajaib Singh, the then Judicial Magistrate Ist Class, Amritsar. Defendant also preferred an appeal against the judgement of his conviction and sentence before the appellate court.

(3.) According to the plaintiff, he requested the defendant many a times to pay the amount of cheque in question to him but to no effect. Hence, he filed the present suit seeking recovery of aforesaid amount of Rs.6,00,000/- along with pendente lite and future interest from the defendant.