M. Jeyapaul, J. - (1.) C.M.No. 11270-C of 2012 Heard. The appellants are permitted to make good the deficiency in Court fee. The application stands allowed. C.M.No. 11269-C of 2012 Heard. There is delay of 19 days in re-filing the appeal. For the reasons set out in application, the application is allowed. RSA No. 4106 of 2012
(2.) The appeal is preferred by the defendants challenging the money decree granted by the trial Court and upheld by the First Appellate Court in favour of the plaintiff.
(3.) The plaintiff has contended in the under chapter suit filed by him that the 2nd and 3rd defendants being partners of the 1st defendant issued a cheque bearing no. 379193 dated 1.7.2000 drawn on Central Cooperative Bank Limited, Tarn Taran for a sum of Rs. 5,90,000/- in order to discharge the debt payable to the plaintiff. The cheque was returned with a memo dated 14.7.2000 with remarks "Fund is insufficient" in the account of the defendants. Again the same cheque was presented for collection on 17.11.2000 on the basis of the assurance given by the 2nd and 3rd defendants on behalf of the 1st defendant. The said cheque was also returned with memo dated 21.11.2000 with remarks "Fund is insufficient" in the account of the defendants. Therefore, the plaintiff has filed the suit for recovery of the suit amount, after prosecuting the defendants under Section 138 of the Negotiable Instruments Act.;