Karnataka High Court
Smt.Vijayalaxmi vs R.Ravi on 4 March, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:8988
CRP No. 295 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
CIVIL REVISION PETITION NO. 295 OF 2014 (SC)
BETWEEN:
1. SMT.VIJAYALAXMI
W/O A.P.SRINIVAS
AGED ABOUT 50 YEARS,
RESIDING AT NO.265/A
34TH D, A CROSS, 5TH MAIN
JAYANAGAR, 4TH BLOCK
BANGALORE-560011.
...PETITIONER
(BY SRI. CHANDAN S RAO., ADVOCATE)
AND:
1. R.RAVI
S/O G.V.RAMACHANDRA
AGED ABOUT 42 YEARS,
RESIDING AT NO.74, YELLAPPA GARDERN
Digitally 3RD CROSS, BANAGIRINAGAR,
signed by
KIRAN BSK 3RD STAGE, BANGALORE-560018.
KUMAR R
...RESPONDENT
Location:
HIGH (BY SRI. D R SUNDARESHA., ADVOCATE)
COURT OF
KARNATAKA
THIS CRP IS FILED UNDER SECTION 18 OF THE SMALL
CAUSES COURT ACT, AGAINST THE JUDGMENT AND DECREE
PASSED IN S.C.No.1009/2012 DATED: 19.02.2014 ON THE
FILE OF THE XI ADDITIONAL JUDGE, COURT OF SMALL
CAUSES, BANGALORE CITY (SCCH-12), PARTLY DECREEING
THE SUIT FOR RECOVERY OF MONEY.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:8988
CRP No. 295 of 2014
ORDER
1. The revision is preferred by the plaintiff challenging
the part decree granted in her favour.
2. The plaintiff had instituted a suit for recovery of
Rs.55,000/- from the respondent-defendant. The
respondent admitted that he had taken a loan of
Rs.55,000/- and had also issued two cheques for a sum of
Rs.30,000/- and Rs.25,000/-.
3. The Trial Court, on appreciation of evidence, has
noticed that as per Ex.D-1 / statement of accounts, it was
clear that the following sums were paid :
Sl.
Date Sum paid
No.
1 07.09.2009 Rs.9,750/-
2 05.10.2009 Rs.7,500/-
3 07.11.2009 Rs.7,500/-
4 07.12..2009 Rs.7,500/-
5 23.09.2009 Rs.20,000/-
4. The Trial Court has noticed that these payments
were after the loan was given in June, 2009. The Trial
NC: 2024:KHC:8988
Court has noticed that the amounts were paid after the
issuance of two cheques on 19.08.2009 and altogether, a
sum of Rs.52,250/- had been paid to the plaintiff and as a
consequence, there remained only a balance of Rs.2,750/-
and it has accordingly decreed the suit with costs.
5. The learned counsel for the petitioner sought to point
out that the amounts that were stated to be paid by the
defendants were in relation to some other transactions,
which was the subject matter of two other cheques and
therefore, the findings of the Trial Court cannot be
sustained.
6. It has to be stated here that the plaint was totally
silent about the other transactions that the plaintiff had
with the defendants or the transactions which the
defendants had with the plaintiff's husband. In the
absence of any plea that there were other transactions,
the argument now sought to be advanced cannot be
accepted.
NC: 2024:KHC:8988
7. Since the Trial Court has recorded a clear finding that
a sum of Rs.52,250/- had been paid after issuance of the
two post dated cheques, it is clear that the Trial Court was
justified in coming to the conclusion that out of the loan
amount of Rs.55,000/-, a sum of Rs.52,250/- had been
repaid and there remained a sum of Rs.2,750/-.
8. I find no reason to entertain this petition. The
revision petition is therefore dismissed.
Sd/-
JUDGE
RK
CT: SN
