SATYAPAL KASHYAP Vs. P. P. S. CHHATWAL

JUDGEMENT

(1.) By way of this appeal, the appellant/defendant has challenged the judgment and decree passed by the Court of learned Civil Judge (Junior Division), Court No.1, Solan, District Solan, H.P. in Civil Suit No.147/1 of 2014, titled as P.P.S. Chhatwal Versus Satyapal Kashyap, decided on 30.05.2017, vide which learned trial Court decreed the suit filed by the respondent herein for recovery of an amount of Rs.50,000/- alongwith interest at the rate of 6% per annum from 10.09.2011 till realization, as also the judgment and decree passed by the Court of learned District Judge, Solan, District Solan, H.P. in Civil Appeal No.33-S/13 of 2017, titled as Satya Pal Kashyap Versus P.P.S. Chhatwal, decided on 04.07.2018, whereby learned Appellate Court while dismissing the appeal filed by present appellant against the judgment and decree passed by learned trial Court, concurred with the findings returned by learned trial Court.

(2.) Brief facts necessary for the adjudication of the present appeal are that plaintiff filed a suit for recovery of Rs.50,000/- alongwith interest at the rate of 18% per annum from 10.09.2011 till realization, on the ground that plaintiff and defendant were having good relations with each other and defendant, on account of some financial burden upon him due to construction work undertaken by him, had approached the plaintiff for financial assistance. Plaintiff lent an amount of Rs.65,000/- on different dates to defendant between 10.02.2011 to 10.09.2011. Defendant executed a receipt/undertaking qua borrowing of the said amount from plaintiff on 10.09.2011. On 14.04.2011, defendant issued a cheque bearing No.092833 in favour of plaintiff to discharged part liability to the tune of Rs.15,000/-, but the same was dishonoured. Plaintiff, thereafter, initiated proceedings against defendant under Section 138 of the Negotiable Instruments Act before the appropriate Court and therein the matter was compromised between the parties and defendant paid Rs.15,000/- to plaintiff. However, balance amount of Rs.50,000/- remained unpaid and despite various requests made by plaintiff, defendant failed to make good the said payment.

(3.) The suit was resisted by defendant inter alia on the plea that defendant had never borrowed Rs.65,000/- from the plaintiff nor any receipt was executed by him, as alleged by plaintiff on 10.09.2011.