ARVIND CHAUDHARY Vs. HARISH CHANDER

JUDGEMENT

(1.) By way of instant appeal, appellant has assailed judgment and decree dtd. 17/7/2002, passed by learned Additional District Judge, Sirmaur District at Nahan, H.P. in Civil Suit No. 1-N/1 of 2001/1998, whereby the suit of the appellant has been dismissed.

(2.) The parties herein shall be referred by the same status, which they held before the learned trial Court i.e. appellant as plaintiff and the respondent as defendant.

(3.) Plaintiff filed a suit for recovery of Rs.3,91,984.00along with interest pendente lite and future before the learned District Judge, Sirmaur at Nahan under Order XXXVII of the Code of Civil Procedure (for short, the Code). According to plaintiff, defendant had borrowed a sum of Rs.2,30,000.00 from him in August, 1995 with a promise to return the said amount till December, 1995. Defendant had issued two post dated cheques dtd. 10/10/1995 and 5/12/1995 in the sums of Rs.1,30,000.00 and 1,00,000/- respectively, both drawn on State Bank of Patiala, Industrial Branch, Yamunanagar, Haryana. These cheques were issued with assurance that the cheques would be honoured on presentation. However, when the cheques were presented, those were dishonoured and remained unpaid, forcing the plaintiff to file the suit. Plaintiff also claimed interest at the rate of 24% per annum on the premise that the defendant had agreed to pay such sum of interest in case he failed to pay the amount within the agreed period.