Final Order 4

Order Details: COPY OF JUDGMENT
Pdf Text: Civ Suit 744/2024 Rakesh Kumar Vs. Triloki Pg. No. 1/5
IN THE COURT OF SH. GAURAV SHARMA
JSCC-CUM-ASCJ-CUM-GUARDIAN JUDGE, EAST
KARKARDOOMA COURTS/DELHI
CNR No. DLET03-001195-2024
Civ Suit 744/2024
Rakesh Kumar
S/o Sh. Ramu
R/o: 5/199,
Khichari Pur, East,
Delhi-110091 ......Plaintiff
Versus
Triloki
S/o Sh. Babu
R/o: Village Bichhat Sujanpur,
Distt. Bulandshahr,
U.P.-203203
Also At:
M/s Neha Boutique
Village Sorkha, Sector 115
Noida, G.B. Nagar,
U.P.-201303 ......Defendant
Date of Institution : 28.09.2024
Judgment reserved on : 16.12.2024
Judgment pronounced on : 16.12.2024
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Civ Suit 744/2024 Rakesh Kumar Vs. Triloki Pg. No. 2/5
JUDGMENT
16.12.2024
1. Suit Decreed.
2. Far from putting forth any credible defense, it is seen that
the opposing side did not appear in the court altogether,
entitling the plaintiff to the relief sought.
3.
Pithily put, the case of the plaintiff is that he and the
defendant had known each other since long as defendant is
stated to be running tailoring shop in the native village of
the plaintiff. Such acquaintance is also stated to have been
on account of plaintiff visiting his native village and got
his clothes stitched from the defendant’s shop. Such visits
by the plaintiff are stated to have developed intimacy
between both the sides, whereby which friendly and family
relations were developed. Given such a background, it is
claimed that the defendant had approached the plaintiff in
January, 2023 with regards borrowing of Rs. 3,00,000/- for
a period of 06 months due to need and requirement for
promotion of business which is stated to have been run by
the defendant in the partnership with one Ms. Neeraj. After
considering such request and due to having friendly
relations as mentioned above, plaintiff arranged Rs.
3,00,000/- from one Mr. Manoj Yadav and advanced the
same in cash to the defendant on 13.01.2023 for a period
of 06 months without interest. Thereafter, on expiry of six
months when the plaintiff had demanded his money back,
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Civ Suit 744/2024 Rakesh Kumar Vs. Triloki Pg. No. 3/5
initially, the defendant kept on lingering the matter, but
eventually, on 02.07.2024, he issued a post dated cheque
bearing no. 461660 dated 22.07.2024, for an amount of Rs.
3,00,000/-, drawn on Central Bank, Bichhat Sujanpur,
Bulandshahr, U.P., having account no. 98422200000933,
in favour of the plaintiff. Such cheque however was
returned dishonored vide return memo dated 23.07.2024
when presented for encashment. The plaintiff is stated to
have made several requests by asking the defendant to
repay the said amount, but to no avail. Given such a
background, legal notice dated 05.08.2024 is also stated to
have been issued to the defendant, but things did not
change. In such circumstances therefore, the present suit
proceedings came to be filed under Order 37 CPC wherein
which the following reliefs were sought:
a) Decree for a sum of Rs. 3,00,000/- alongwith interest @
24% p.a., bank charges and future interest till realization of
the real amount in favour of plaintiff and against the
defendant.
b) Direction for compensation to be paid by the defendant
to the plaintiff.
c) Cost of the suit.
4. The defendant was served on 23.11.2024 as per law.
Despite the same, no appearance was entered into by the
defendant. Accordingly, vide order dated 16.12.2024,
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Civ Suit 744/2024 Rakesh Kumar Vs. Triloki Pg. No. 4/5
plaintiff was held entitled to a judgment in its favour in
terms of Order 37 Rule 2(3) CPC.
5. Considering the above and given the document in question
(cheque bearing no. 461660 dated 22.07.2024, for an
amount of Rs. 3,00,000/-) filed on record, the suit of the
plaintiff is hereby decreed for a recovery of sum of Rs.
3,00,000/-.
6. It is noted that the plaintiff has sought recovery of interest
@ 24% p.a. However, Section 80 Negotiable Instruments
Act, 1881 (NI Act) stipulates payment of 18% interest p.a.
in case no rate of interest is specified.
7. Also, as per Order 37 Rule 2(3) CPC as well, it is seen that
interest up to the date of the decree only can be awarded.
8. Keeping the above statutory stipulations in mind, it shall
be in fitness of things if plaintiff is awarded interest @
18% p.a. from 23.07.2024 (date of dishonor of the cheque
in question) till the date of the decree.
9. No document has been placed on record qua the relief
sought for compensation. As such therefore, such relief is
declined.
RELIEF
10. From the discussion as hereinabove, the following order is
passed :
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Civ Suit 744/2024 Rakesh Kumar Vs. Triloki Pg. No. 5/5
FINAL ORDER
A. A decree of Rs. 3,00,000/- is passed in favor of the
plaintiff and against the defendant. Together with the
same, plaintiff is held entitled to interest @ 18% p.a. from
23.07.2024 (date of dishonor of the cheque in question) till
the date of the decree and the same is also payable by the
defendant.
B. Costs are also awarded to the plaintiff.
Decree-sheet be prepared accordingly.
File be consigned to Record Room after due compliance.
Announced in the open Court
on 16.12.2024.
(Gaurav Sharma)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
16.12.2024
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