SURINDER SINGH Vs. AMRIK SINGH

JUDGEMENT

(1.) Challenge in the present appeal has been directed against judgment and decree dated 6.5.2013 passed by the Additional District Judge, Sangrur whereby appeal preferred by the defendant-respondent against judgment and decree dated 18.5.2011 passed by the Additional Civil Judge (Senior Division), Malerkotla (hereinafter to be referred as "the trial court") was allowed, judgment and decree of the trial court were set aside and suit filed by the appellant-plaintiff for recovery of Rs. 2,17,600.00, Rs. 1,60,000.00 as principal amount and Rs. 57,600.00 towards interest, was dismissed.

(2.) The appellant-plaintiff filed the suit for recovery on the allegations that the respondent-defendant owed a sum of Rs. 1,60,000.00 and in discharge of said liability, he issued cheque No. 227937 dated 6.6.2002 drawn on Oriental Bank of Commerce, Branch Jarg Chowk, Malerkotla from his Account No. 1850 for Rs. 1,60,000.00 with the assurance that the cheque would be honoured on presentation within limitation. The appellant presented the cheque to his banker Punjab National Bank, Branch Malerkotla for encashment but the same was returned dishonoured vide memo dated 6.6.2002 with remarks 'insufficient funds'. Despite various requests, the respondent failed to pay the cheque amount to the plaintiff. The plaintiff filed complaint under section 138 of the Negotiable Instruments Act (in short "the Act").

(3.) The respondent-defendant filed the written statement contesting claim of the plaintiffs that he owed an amount of Rs. 1,60,000.00 to the plaintiff or issued the cheque in question in favour of the plaintiff. It is averred that plaintiff used to get cleared the documents of trucks of defendant on commission basis and in this process, the defendant had lot of faith in the plaintiff. The plaintiff used to visit the defendant and stole his cheque book containing the cheque in question and some other cheques, duly signed by him. He fabricated the cheque in question for Rs. 1,60,000.00. Vide application dated 26.3.1999, he intimated the Branch Manager Oriental Bank of Commerce, Jarg Chowk, Malerkotla about loss of cheque book. The plaintiff in an illegal and unauthorized manner presented the disputed cheque for encashment and procured memo dated 6.6.2002. The complaint filed by the plaintiff was dismissed by the Judicial Magistrate, Malerkotla vide order dated 13.10.2004.