NARASIMHALU NAIDU Vs. NAINA PILLAI

JUDGEMENT

(1.) Suit for Rs. 480-5-0 due on a pronote executed by defendant 1 to plaintiff's assignor, defendant 2. The lower Court dismissed the suit and plaintiff petitions in revision.

(2.) The plaintiff had filed a complaint alleging criminal misappropriation as part of the offence of criminal breach of trust against defendant 1. Thereupon defendant 1 executed a pronote to defendant 2 which she assigned to plaintiff. The learned Subordinate Judge finds this to be a contract against public policy, and has dismissed the suit. The facts are to be found in Ex. C, the letter given by defendant 1 to the plaintiff to this effect: You have complained against me for breach of trust to pay off the amount due to you.... I have caused to be transferred to you a bond (the suit pro-note)...If there is breach of faith I subject myself to criminal punishment.

(3.) And the letter from defendant 2, Ex. B is to the same effect.