Madras High Court
N.Janarthanam vs R.Thirumalai on 20 January, 2021
C.R.P.(P.D).No.3687 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(P.D).No.3687 of 2015
and M.P.No.1 of 2015
N.Janarthanam ...Petitioner
Vs
R.Thirumalai ...Respondent
Prayer: Civil Revision Petition filed under Article 227 of the Constitution
of India to set aside the Judgment and decree dated 18.02.2015 made in
I.A.No.194 of 2014 in O.S.No.2 of 2013 on the file of the Subordinate
Judge, Tiruvarur.
For Petitioner : Mr.B.Ramamoorthy
For Respondent : Notice served
No Appearance
ORDER
The Civil Revision Petition is arising out of the Judgment and
decree dated 18.02.2015 made in I.A.No.194 of 2014 in O.S.No.2 of 2013
on the file of the Subordinate Judge, Tiruvarur, thereby allowing the petition
filed by the respondent herein to permit him to file additional written
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C.R.P.(P.D).No.3687 of 2015
statement.
2.Heard the learned counsel for the petitioner and perused the
materials available on record. Even though notice was served on the
respondent, name also printed in the cause list, no one has appeared either
by person or through his counsel.
3.The petitioner is the plaintiff and filed a suit for recovery of
money as against the respondent herein. The case of the plaintiff/petitioner
is that the respondent borrowed a sum of Rs.2 lakhs, during the 1st week of
August 2012 and towards the repayment of the said amount, he issued
cheque dated 09.10.2012, drawn on ICICI Bank bearing Cheque
No.102199. On instruction, the petitioner presented the cheque for
collection and the same was returned dis-honoured for the reason that the
account become dormant.
4.The respondent filed written statement stating that the alleged
cheque was lost and the petitioner had knowledge about the loss of cheque.
Even then he presented the same for collection as if the respondent
borrowed a sum of Rs.2 lakhs. After examining P.W's.1 and 2, the
respondent filed a petition in I.A.No.194 of 2014 to receive additional
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C.R.P.(P.D).No.3687 of 2015
written statement stating the reason that after taking xerox copy of his
family card, voter id along with cheque bearing No.102199, while
purchasing the two wheeler, he lost all the documents. Immediately he
lodged complaint on 02.07.2012 before the Inspector of Police, Thiruvarur
Town Police Station and the same was also duly informed to the Bank.
5.On perusal of P.W.2 evidence, who is the Manager of ICICI
Bank revealed that he did not even whisper about the communication sent
by the respondent, in respect of loss of the cheque. Further in the additional
written statement it was stated that the cheque was utilized by the petitioner
due to previous enmity, whereas in the 1st written statement, it is stated that
the petitioner and the respondent are known each other and well acquainted
with each other and for the past few months there was misunderstanding
between them. In the 1st written statement there was no whisper about the
lodgment of police complaint as well as the communication to the Banker,
in respect of loss of cheque bearing No.102199. Therefore, the respondent
introduced new plea that too after examining P.W's.1 and 2. It is nothing
but to fill up the lacunae and it is clear abuse of process of law.
6.In view of the above discussion, the order passed in I.A.No.194
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C.R.P.(P.D).No.3687 of 2015
of 2014 in O.S.No.2 of 2013 dated 18.02.2015 on the file of the Subordinate
Judge, Thiruvarur, is perverse and illegal.
7.Accordingly, the I.A.No.194 of 2014 in O.S.No.2 of 2013 dated
18.02.2015 on the file of the Subordinate Judge, Thiruvarur, is set aside and
the Civil Revision Petition is allowed. No costs. Consequently connected
miscellaneous petition is closed.
20.01.2021
Index:Yes/No
Internet: Yes/No
Speaking Order: Yes/No
Jer
To
The Subordinate Judge, Tiruvarur.
G.K.ILANTHIRAIYAN.J,
https://www.mhc.tn.gov.in/judis/
C.R.P.(P.D).No.3687 of 2015
Jer
C.R.P.(P.D).No.3687 of 2015
20.01.2021
https://www.mhc.tn.gov.in/judis/
