J.R. Midha - (1.) THE appellant has challenged the judgment and decree for Rs.2,41,130/ - passed by the learned trial Court in favour of the respondent.
(2.) THE respondent filed a suit for recovery of Rs. 3,20,000/ - against the appellant. The respondent's case is that he was manufacturing and stitching garments; the appellant was getting the job -work of stitching garments from the respondent and a sum of Rs.2,91,130/ - was due and payable for the job -work done during the period 29.03.2006 to 14.12.2006. The appellant issued a cheque for Rs.50,000/ - to the respondent towards part payment of the aforesaid amount which was dishonored whereupon the respondent instituted the complaint under Section 138 of Negotiable Instruments Act against the appellant. The respondent issued a legal notice dated 11.12.2007 before filing the suit. The respondent placed on record the copies of 45 bills, statement of account and the legal notice along with postal receipts and A.D. cards before the learned trial Court. In the written statement before the learned trial Court, the appellant admitted that it was getting job -work done from the respondent. However, the liability of Rs.2,91,130/ - was denied. It was pleaded by the appellant that the payment was made at the time of collecting the job -work. It was further pleaded that the appellant was liable to pay a sum of Rs.50,000/ - to the respondent in respect of which a cheque was issued which was dishonored but after the filing of the complaint under Section 138 Negotiable Instruments Act by the respondent, the appellant made the payment of the said amount to the respondent. The receipt of the legal notice was admitted but no reply was given by the appellant. It was further pleaded that 45 bills filed by the respondent were forged and fabricated.
(3.) THE respondent appeared in the witness box as PW -1 and proved the copies of the bills as Ex.PW -1/1 to Ex.PW -1/45. The statement of account was proved as Ex.PW -1/46 to PW -1/50. The copy of the legal notice dated 11.12.2007 along with post receipts and A.D. Card were proved as Ex.PW -1/51 to PW -1/54.;