Delhi District Court
Sh. Ashok Narayan Sharma vs Sh. Kaptan Singh on 1 November, 2022
-:: 1 ::- Date: 01.11.2022
IN THE COURT OF MS. SHIVALI BANSAL
ADDITIONAL DISTRICT JUDGE-03 (NORTH)
ROHINI COURTS, DELHI
CNR No. DLNT010109222019
CS No. 550/19
In the matter of :-
Sh. Ashok Narayan Sharma
R/o C-11/5, Model Towan,
Delhi-110009. ..........Plaintiff
Versus
Sh. Kaptan Singh
S/o Late Sh. Fateh Singh,
R/o Village Anchra Khurd,
Tehsil-Safidon, Dist. Zind,
Haryana-126112. ......Defendant
Date of Institution : 25.10.2019
Date of Final Argument : 01.11.2022
Date of pronouncement of judgment : 01.11.2022
SUIT FOR RECOVERY OF RS. 11,25,750/- ALONGWITH
PENDENTELITE AND FUTURE INTEREST.
EX-PARTE JUDGMENT
1.Vide this judgment, I shall dispose off the present suit for recovery of Rs. 11,25,750/-. Initially the suit was instituted under Order 37 CPC but vide CS No. 550/19 Ashok Narayan Sharma Vs. Kaptan Singh Page: 1 of 5
-:: 2 ::- Date: 01.11.2022 order dated 25.10.2019, the same was to treated as an ordinary suit for recovery.
2. The brief facts of the case is that the plaintiff and defendant are well known to each other and having family relation since last 20 years. Defendant and his wife are regularly cultivating land of plaintiff from last 15 years on contract basis.
3. It is submitted by the plaintiff that the defendant had contract with the plaintiff and took the land for cultivation on contract basis. It is stated that the defendant has not paid the contract amount Rs. 7,03,750/- towards the land for the year 2016 by saying that he had spent the funds received from land in family settlement of his elder son.
4. It is submitted by the plaintiff that he demanded money from the defendant again and again. In the month of November, 2016, defendant and his wife handed three post dated cheques of Rs 3,00,000/-, Rs. 2,43,750/- and Rs. 1,60,000/- to the plaintiff towards payment of legal liability of Rs. 7,03,750/- and assured the plaintiff, same shall be honoured on presentation.
5. It is submitted by the plaintiff that in discharge of part liabilities, defendant and his wife had issued cheque no. 418915 dated 12.12.2016 for Rs. 2,43,750/-, cheque no. 418911 dated 10.01.2017 for Rs. 3,00,000/- and cheque no. 418916 dated 17.03.2017 for Rs. 1,60,000/- drawn on Oriental Bank of Commerce, Railway Road, Safidon, Dist. Jind, Haryana-126112 in favour of the plaintiff. It is stated that plaintiff deposited the cheque no. 418915 for Rs. 2,43,750/-, cheque no. 418911 for Rs. 3,00,000/- with its Syndicate Bank, Model Town-III, Delhi-09, for encashment but the said cheques were returned on 06.03.2017 as dishonored by the said banker CS No. 550/19 Ashok Narayan Sharma Vs. Kaptan Singh Page: 2 of 5
-:: 3 ::- Date: 01.11.2022 with remarks "Funds Insufficient". When the plaintiff deposited the cheque no. 418916 dated 27.03.2017 for Rs. 1,60,000/- for encashment, the said cheque was returned on 28.03.2017 as dishonored by the banker with remarks "Funds Insufficient" and the plaintiff could not get the payment of the same.
6. It is stated that the plaintiff sent a legal notice dated 07.03.2017 & 24.04.2017 to the defendant through registered post, which was duly served to the defendant. Then plaintiff field the criminal complaint under Section 138 N.I. Act against the defendant, namely, Sh. Kaptan Singh.
7. It is further submitted by the plaintiff that defendant has failed to pay the outstanding amount to the plaintiff, the defendants are further liable to pay interest from the date of notice @ 24% p.a with the monthly rests on the amount due. The total amount of interest works out to a sum of Rs. 4,22,000/- calculated with effect from the date of legal notice i.e. 07.03.2017 up to the date of filing of the present suit. Accordingly, an aggregate sum of Rs. 11,25,750/- comprising of the principal amount of Rs. 7,03,750/- covered by the aforesaid dishonoured cheque and further Rs. 4,22,000/- being the amount of interest accrued thereupon, which the defendant has filed to pay inspite of the service of the demand notice.
8. It is prayed by the plaintiff that a decree of Rs 11,25,750/- be passed in favour of the plaintiff and against the defendant along with the pendentelite and future interest @ 24% p.a. from the date of filing of the present suit till the date of its realization.
9. The defendant appeared before this court on 13.02.2020 but did not file his WS and the defence of the defendant was struck off on 07.03.2022.
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-:: 4 ::- Date: 01.11.2022
Thereafter, the defendant was proceeded ex-parte vide order dated 21.05.2022.
10. PW-1 Sh. Ashok Narayan Sharma S/o Sh. V. S Sharma, tendered his evidence by way of affidavit Ex. PW1/1 bearing his signature at point A and B. He has relied upon the following documents:-
i. Certified copy of affidavit and cross-examination of defendant given by him in the Civil Suit no. 80 of 2016 in Panipat Court is Ex. PW1/A. ii. Certified copy of cheque no. 418911 dated 10.01.2017 is Ex.
PW1/B. iii. Certified copy of cheque no. 418915 dated 12.12.2016 is Ex.
PW1/C. iv. Certified copy of cheque no. 418916 dated 17.03.2017 is Ex.
PW1/D. v. Certified copy of returning memo of cheques no. 418915 and 418911 is Ex. PW1/E. vi. Certified copy of returning memo of cheque no. 418916 is Ex.
PW1/F. vii. Certified copy of legal notice dated 07.03.2017 is Ex. PW1/G and certified copy of legal notice dated 24.04.2017 is Ex. PW1/H. viii. Certified copy of proof of speed post dated 07.03.2017 is Ex.
PW1/I and certified copy of proof of speed post dated 26.04.2017 is Ex. 1/J. CS No. 550/19 Ashok Narayan Sharma Vs. Kaptan Singh Page: 4 of 5
-:: 5 ::- Date: 01.11.2022 ix. Certified copy of complaint dated 19.04.2017 (at page no. 20 of plaint) is Ex. PW1/K. x. Certified copy of complaint dated 18.05.2017 (at page no. 37 of plaint) is Ex. PW1/L.
11. The suit of the plaintiff is decreed to the tune of Rs. 7,03,750/-. The defendant has not come forth to contest the present proceedings and has not filed his written statement, therefore, the averments made in the pleadings are taken to be admitted by the defendants. In view of the admitted facts and on perusal of the documentary evidence on record, the plaintiff is entitled to a decree in his favour.
RELIEF The suit of the plaintiff is decreed for Rs. 7,03,750/- along with the interest @ 6% from the date of the filing of the suit till actual realization.
Decree sheet be prepared accordingly.
File be consigned to record room.
Announced in open Shivali Bansal
Court on 01.11.2022 Additional District Judge-03
North District, Rohini Courts Delhi
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