KRISHNA LAL Vs. RAMESH CHANDRA

JUDGEMENT

(1.) This writ petition has been submitted against the order dated 21.10.2005 (Annex.4) passed by the District Judge, Sriganganagar in Execution Case No.20/2005 rejecting the prayer of petitioner-judgment debtor for staying the proceedings in execution because of pendency of the proceedings under the Rajasthan Relief of Agricultural Indebtedness Act, 1957 ('the Act'/'the Act of 1957' hereinafter).

(2.) Briefly put, the facts relevant are that the respondent No.1 Ramesh Chandra Gera filed a civil suit (No.49/2003) against M/s Chandel Traders through the petitioner Krishna Lal for recovery of an amount of Rs.69,946/- with the submissions that the defendant purchased goods on credit in the year 1999-2000 worth Rs.1,07,189/- and made on account payment of Rs.45,000/-; that though there were no further purchases in the year 2000-2001 and 2001-2002, but two cheques of Rs.15,000/- each were given by the defendant and both of them were dishonoured by the Bank and the plaintiff had adopted proceedings under Section 138 of the Negotiable Instruments Act in relation to one such cheque. The plaintiff claimed that principal amount of Rs.47,189/- after adjustment of one disputed cheque amount remained due; and that the market rate of interest was 18% per annum and he was entitled to recover Rs.22,657/- towards interest.

(3.) It appears that the defendant-petitioner in his written statement, inter alia, pointed out that he had closed down his business in the year 2001 as his various dues in the agriculturists became bad debts; and that between the plaintiff and the defendant accounts were settled for Rs.30,000/- and two cheques for Rs. 15,000/- each were given but could not be got encashed. It was also averred that after closure of his business, the defendant was earning his livelihood by agriculture and, therefore, the plaintiff was not entitled to maintain civil suit for recovery of the said amount.