IN THE COURT OF III SENIOR CIVIL JUDGE, CITY CIVIL COURT,
SECUNDERABAD.
Dated: This the 19th day of March, 2012.
Present: Smt. G. Neelima, B.L., III Senior Civil Judge.
OS.NO. 126 OF 2009
Between:
G.P. Srikanth, S/o. Late G. Pandurangam. ...Plaintiff.
A n d
1. Shri Sudheer Sharma, S/o. Mohan Sharma.
2. Smt. Sharanya Sharma, W/o. Sudheer Sharma (Died per LR's).
3. Esha Sharma, D/o. Sudheer Sharma. Rep by father and natural guardian Sudheer Sharma.
4. Shaniya Sharma, D/o. Sudheer Sharma. Rep by father and natural guardian Sudheer Sharma. (Defendants 3 & 4 were added as per orders in IA.No.1649/2009,
dt.25.01.2010). ...Defendants.
This suit is coming for hearing on 12.03.2012 before me in the presence of Sri. R. Indra Goud , Advocate for Plaintiff and of Sri. C. Sameul, Advocate for Defendant No.1, and Defendants 2 died per LR's defendants 3 and 4 adopted the written statement of 1st defendant, and the matter having stood over for consideration till this day, this court delivered the following:
J U D G M E N T
1.This is a suit filed for recovery of amount basing on a promissory note.
2.Brief averments of the plaint are that both the defendants borrowed a sum of Rs.60,000/ from the plaintiff through cheque drawn on ICICI bank and also Rs.40,000/ from the plaintiff through cheque of Central Bank on 07.11.2007 and on encashment of those cheques 1st defendant had executed promissory note and receipt and issued a joint cheque for Rs.1,00,000/ along with second defendant and subsequently in the month of December, 2007 defendants borrowed another Rs.1,00,000/ from the plaintiff for their business and on receipt of that amount 1st defendant had executed promissory note and both the defendants had issued joint cheque and on 11.03.2008 defendants asked the plaintiff to present all the three cheques issued by them in the bank.
On 12.03.2008 when the cheques were presented in the bank by the plaintiff they were returned for insufficient funds. Though the legal notice was issued to the defendants they did not repay the amount. Hence plaintiff filed this suit for 2 recovery of Rs.2,96,000/ with 24% interest per annum.
Initially suit was filed against first and second defendants. Third and fourth defendants were added as per order in IA.No.1649/2009 on 25.01.2010 after the death of second defendant.
3.Written statement filed by the 1st defendant alleging that suit filed by the plaintiff is vexatious, false and frivolous and it is filed for unjust enrichment to squeeze money from the defendant.
It is further alleged that plaintiff is doing unregistered finance business without any licence to conduct the same. Plaintiff and 1st defendant belong to same locality and plaintiff wanted to invest in the business of the defendant. It was agreed and accepted to the terms and conditions that the plaintiff with his money got the stock and was kept at business point. As per the agreed terms plaintiff is entitled to get a sum of Rs.5,000/ per month and Rs. 300/ per day towards his share. With his margin of benefit and by way of help plaintiff paid a handloan through cheque No. 590296 on 03.02.2007 for Rs.50,000/ on a condition that repayment shall be on the said terms with sale of stock. There is no money transaction.
It is further alleged that plaintiff looked up the business. When1st defendant took 2nd defendant to hospital and with a malafide intention he made use of the instrument which were under control and custody and wrongfully presented them and got them dishonoured on three occasions plaintiff induced this defendant on false promise and have not made any payment and made use of the said instruments. Due to the unfair acts of plaintiff 2nd defendant expired on 27.06.2009.
4. Third and fourth defendants adopted the written statement of 1st defendant.
5.Basing on the pleadings my learned predecessor framed following issues:
1. Whether the promissory note dt. 03.02.2007 is true and valid and enforceable ?
2. Whether the promissory note dt. 07.11.2007 is true and valid and enforceable ?
3. Whether the promissory note, dt. 22.12.2007 is true, and valid and 3 enforceable ?
4. Whether all the above three promissory notes are supported by consideration ?
5. Whether the plaintiff is entitled to the suit claim as prayed for ?
6. Whether the defendant No.2 as well as her LR's defendants 3 and 4 are liable to the suit claim ?
7. To what relief ?
6.To prove his suit claim the plaintiff examined himself as PW.1 and marked Exs.A1 promissory note for Rs.50,000/ on 03.02.2007, Ex.A2 receipt,
dt. 03.02.2007, Ex.A3 cheque, dt. 11.03.2008 for Rs.50,000/, Ex.A4 cheque
return memo, Ex.A5 promissory note dt. 07.11.2007 for Rs.1,00,000/, Ex.A6 receipt for Rs.1,00,000/, dt. 07.11.2007, Ex.A7 cheque return memo, Ex.A9 promissory note for Rs.1,00,000/, dt. 22.12.2007, Ex.A10 receipt for
Rs.1,00,000/, dt. 22.12.2007, Ex.A11 cheque for Rs.1,00,000/, dt.
11.03.2008, Ex.A12 cheque return memo dt. 14.03.2008, Ex.A13 office copy of legal notice, Ex.A14 postal acknowledgment cards of defendants 1 and 2.
7.No oral or documentary evidence adduced by the defendants.
8.Heard arguments.
9.ISSUE NOS. 1 TO 6:As PW.1 the plaintiff had reiterated the contents of the plaint. He produced promissory notes said to have executed by the 1st defendant and cheques issued by the first and second defendants. He had also produced cheque return memos issued by the banks and legal notice issued to the defendants.
10.Promissory notes marked as Ex.A1, Ex.A5, and Ex. A9 goes to show that first defendant had borrowed amounts from the plaintiff. Cheques (Ex.A3,Ex.A7, and Ex.A11) filed by the plaintiff goes to show that first and second defendants on admitting their liability had issued those cheques.
Cheque return memos (Ex.A4, Ex.A8, Ex.A12) goes to show that cheques issued by the defendants 1 and 2 were dishonoured for want of funds. Ex.A13 legal notice goes to show that plaintiff had demanded for payment due under the promissory notes and cheques.
11.Though the defendants disputed the genuineness of the promissory notes 4 and cheques they did not choose to prove their contentions. They have not even adduced any evidence in support of their contention that claim of the plaintiff is false. Therefore the contents of promissory notes and cheque can be believed as true.
With the undisputed evidence plaintiff could prove his claim. Accordingly
I answer all the issues in favour of plaintiff and against defendants.
12.ISSUE NO. 7: Plaintiff is entitled for decree of the suit.
In the result, suit is decreed with costs for a sum of Rs.2,96,000/ with 6% interest per annum on Rs.2,50,000/ from the date of suit till the date of realization.
Typed to my dictation, corrected and pronounced by me in open court this the 19th day of March, 2012.
III Senior Civil Judge, City Civil Court Secunderabad.
Appendix of Evidence
Witnesses Examined.
For plaintiff. For defendants
P.W.1: G. P. SrikanthNone
Documents marked on behalf of plaintiff
Ex.A1:Original promissory note for Rs.50,000/, dt.03.08.2007.
Ex.A2:Original receipt for Rs.50,000/, dt. 03.02.2007.
Ex.A3:Original cheque No. 732286, dt. 11.03.2008 for Rs.50,000/.
Ex.A4:Original return memo, dt. 07.11.2007.
Ex.A5:Original promissory note for Rs. 1,00,000/, dt. 07.11.2007.
Ex.A6:Original receipt for Rs.1,00,000/, dt. 07.11.2007.
Ex.A7:Original cheque No.309833, dt. 11.03.2008 for Rs.1,00,000/.
Ex.A8:Cheque return memo, dt. 14.03.2008.
Ex.A9:Original promissory note for Rs.1,00,000/ dt. 22.12.2007.
Ex.A10:Original receipt for Rs.1,00,000/, dt. 22.12.2007.
Ex.A11:Original cheque bearing No.309839, for Rs.1,00,000/ dt.11.03.2008.
Ex.A12:Cheque return memo, dt. 14.03.2008.
Ex.A13:Office copy of legal notice, dt. 31.03.2008.
Ex.A14:Original postal acknowledgment cards of defendants 1 and 2.
III Senior Civil Judge,
City Civil Court Secunderabad.
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