- (1.) The cause of action of the plaintiff is founded on goods sold and delivered by them to the first to ninth defendants. This is disputed by Mr. Basu for the first defendant by saying that that the contract was only between the plaintiff and the first defendant. The claim of the plaintiff on this account is Rs. 13,31,312/- upto 30th April, 2014 exclusive of the interest claimed. Now, it appears that from time to time the first defendant issued three cheques for Rs. 1,11,000/- each in favour of the plaintiff. These cheques were replaced by them from time to time, upon being dishonoured for insufficiency of funds. Lastly, the first defendant issued three cheques for Rs. 1,11,000/- each dated 27th March, 30th March and 3rd April, 2014 respectively in favour of the plaintiff. These cheques were also dishonoured for insufficiency of funds.
(2.) Mr. Basu appearing for the first defendant tries to explain by producing the letter dated 5th May, 2014 that these cheques were handed over by his client to the plaintiff with a request not to encash them pending settlement of accounts.
(3.) I am unable to appreciate this submission.;