MUKESH KUMAR SHARMA Vs. GIRISH CHANDER

JUDGEMENT

(1.) C.M. Appl. No. 48445/2018 (for exemption)

(2.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the Judgment of the trial court dated 15.10.2018 by which the trial court has decreed the suit for recovery of money filed by the respondent/plaintiff and has passed a decree for a sum of Rs. 7,00,000/- with interest at 9% per annum. The suit has been decreed on account of loan having been given by the respondent/plaintiff to the appellant/defendant, and which loan was secured by cheques of the appellant/defendant which were dishonoured on presentation with the first noting that 'contact the drawer' and the second noting that the appellant/defendant had closed his bank account.

(3.) The facts of the case are that the respondent/plaintiff filed the subject suit pleading that he gave to the appellant/defendant a total loan amount of Rs. 7,00,000/- on three occasions. First time the loan was given of Rs. 3,00,000/-, and which was secured by the appellant/defendant by his two cheques of Rs. 1,00,000/- and Rs.2,00,000/- dated 28.05.2010 bearing nos. 255027 and 255026. The cheques were drawn on State Bank of India (SBI), Shakurpur, Delhi. Second time the loan was given on 20.07.2010 of Rs. 2,00,000/- and which was again secured by a cheque dated 20.07.2010 bearing no. 254981 of the same bank SBI. Third time loan of Rs. 2,00,000/- was given on 29.07.2010 which was secured by a cheque bearing no. 254982 of the same bank SBI. When these cheques were first presented by the respondent/plaintiff the same were dishonoured with the remarks 'contact the drawer/drawee bank and please present again' with the Cheque Returning Memo dated 30.11.2010. Subsequently, when the cheques bearing nos. 254982 and 254981 were re-presented they were returned back with the remarks 'no such account'. After serving a Legal Notice dated 12.01.2011 upon the appellant/defendant, the subject suit for recovery of Rs. 7,00,000/- was filed.