RAMESHWARI THAKUR Vs. JAGTAMBA THAKUR

JUDGEMENT

(1.) The present petition has been filed against the order dtd. 5/1/2023 passed in Civil Suit No. 102/1 of 2017 titled as Jagtamba Thakur vs. Rameshwari Thakur by the Court of Ekansh Kapil, Civil Judge Bilaspur District Bilaspur, whereby an application filed under Order 7 Rule 11 CPC for rejection of the plaint filed by the present petitioner/defendant has been dismissed.

(2.) Heard counsel for the parties. Perused the pleadings and the impugned order.

(3.) The suit in the case at hand has been filed for damages. From a perusal of the plaint, it is evident that respondent/plaintiff in the case at hand had received a cheque from the present petitioner/defendant, which was dishonored. As a sequel thereto, proceedings under Sec. 138 read with Sec. 142 of the Negotiable Instruments Act were initiated against the present petitioner/defendant. The Trial Court and the 1st Appellate Court had convicted the present petitioner/defendant. During the pendency of the revision pending before the Hon'ble High Court, the matter was compounded. In the aforesaid facts and attending circumstances on account of the harassment, which was caused to the present respondent/plaintiff that a suit for damages has been filed.