SURENDRA KUMAR Vs. VIKASH SHARMA

JUDGEMENT

(1.) - The present appeal has been filed by the appellant-defendant challenging the judgment and decree dated 8.7.2011 passed by the learned District Judge, Tonk (hereinafter referred to as the 'trial court') in the Civil Suit No. 58/2009 whereby the trial court has decreed the suit of the respondent (original-plaintiff) by directing the appellant to pay Rs. 1,03,365.00 with interest at the rate of 6% per annum from the date of suit till realisation.

(2.) The short facts giving rise to the present appeal are that the appellant and the respondent had friendly relations with each other and therefore the appellant had borrowed Rs. 1,00,000.00 from the respondent for his personal use. As per the case of the respondent before the trial court, the appellant had assured to return the said amount with interest within one month, however, the appellant could not pay the same. Thereafter, the appellant issued a cheque being No.103108 of State Bank of Bikaner and Jaipur of Rs. 1,00,000.00 in favour of the respondent on 24.7.2008. The said cheque was deposited by the respondent in the bank for clearance, however, the same returned dishonored on the ground of insufficiency of the fund. The respondent thereafter served a notice dated 9.8.2008 to the appellant, however, the appellant did not make the payment and thereafter the respondent had filed the suit. The said suit was resisted by the appellant denying the allegations made in the plaint and further contending interalia that the suit was barred by limitation and that no such amount of Rs. 1,00,000.00 was borrowed by the appellant from the respondent.

(3.) The trial court after appreciating the evidence on record partly decreed the suit of the respondent plaintiff as stated hereinabove. Being aggrieved of the said judgment and decree the appellant defendant has preferred the present appeal.