PURSHOTTAM Vs. TUSHAR DAVE

JUDGEMENT

(1.) This appeal under Section 96 CPC is directed against the judgment and decree dated 20.09.2011 passed by the Additional District Judge (Fast Track) No.2, Udaipur, whereby, the suit filed by the respondent-plaintiff for a sum of Rs.2,00,000/- has been decreed alongwith interest @ 12% per annum from the date of filing of the suit i.e. 28.07.2006.

(2.) It is submitted by learned counsel for the parties that the dispute arose out of a Cheque No.258287 dated 25.05.2006 said to have been issued by the appellant favouring the respondent regarding which besides the present suit, while the appellant has filed a complaint of cheating/forgery against the plaintiff, wherein the said complaint has been forwarded to the Police for inquiry under Section 202 Cr.P.C., the respondent has initiated proceedings under Section 138 of Negotiable Instruments Act and the said proceedings being Criminal Case No.286/2012 is pending before the Special Judge (Negotiable Instrument Act Cases) No.1, Udaipur and seeking quashing of the said proceedings S.B. Criminal Misc. Petition No.847/2014 (Purshottam v. Tushar Dave) filed by the appellant is pending consideration before this Court.

(3.) It is submitted by learned counsel for the parties that during the pendency of this appeal by order dated 24.05.2013, the appellant was directed to deposit a sum of Rs.1,20,000/- alongwith interest @ 6% per annum from the date of judgment and the rest of the impugned decree was stayed.