Bangalore District Court
Abhishek M vs Shanthi K S on 12 November, 2024
KABC0A0026432023
IN THE COURT OF THE LXXIII ADDL. CITY CIVIL &
SESSIONS JUDGE AT MAYO HALL, BENGALURU.
(CCH-74)
P r e s e n t:
Smt. Anitha N.P., B.A.L., L.L.M.,
LXXIII Addl.City Civil & Sessions Judge, Bengaluru
Dated this the 12th day of November, 2024.
O.S. No.26030/2023
Plaintiff:- Mr. Abhishek M.,
S/o. Late Muniraj Y.,
Aged about 30 years
R/at No.1, 1st Main, 1st Cross,
Ananda Badavanai, Thindlu,
Vidyaranyapura Post,
Bangalore-560097.
(By Sri. Eugene Prabhu B - Adv.)
-Vs-
Defendant:- Mrs. Shanthi K.S.,
W/o: Mr. K.M. Manjunath,
Aged about 39 years,
R/at: No.4, V.P.Layout Main Road,
2
O.S. No.26030/2023
Vidyaranyapura Post,
Bangalore-560097.
(Exparte)
Date of institution of the suit : 13.07.2023
Nature of the suit (Suit for pro- :
note,suit for declaration and Injunction suit
injunction,suit for injunction,
etc)
Date of commencement of : 01.06.2024
recording of evidence
Date on which the Judgment : 12.11.2024
was pronounced
Total duration Year/s Month/s Days
01 03 29
Digitally signed by
ANITHA
ANITHA NANJANAGUDU
NANJANAGUDU PARASHIVAMURTHY
PARASHIVAMURTHY Date: 2024.11.16
11:55:48 +0530
(Anitha N.P.)
LXXIII Addl. CC & SJ, M.H.Unit,
Bengaluru. (CCH-74)
J U D G M E N T
The plaintiff has filed this suit as against the defendant seeking the relief of declaration that the cheques No.000024 and 000037of Saving Account No. 50100064367722 of HDFC Bank which are signed by plaintiff and which are in the possession of 3 O.S. No.26030/2023 defendant are null and void and are to be cancelled and for permanent injunction and for costs and such other further reliefs.
2. Brief facts of the plaint averments are as under:-
The plaintiff is working in a corporate office on monthly salary basis. The defendant is family friend of the plaintiff's step mother by name Mrs. Nalani. The defendant was running an unregistered chit fund and the plaintiff's step mother subscribed for chit. The plaintiff is not aware of the number of chit and the amount subscribed.
3. According to plaintiff he is residing separately from the date of his marriage i.e., from 09.06.2022 in the address shown in the cause title. The father of the plaintiff sought some financial help from the plaintiff and the plaintiff handed over his two signed blank cheques bearing No.000024 and 000037 of HDFC Ltd, Domlur Branch, Bangalore in SB Account No.50100064367722.
4
O.S. No.26030/2023
4. According to plaintiff due to some conflict between defendant and father of plaintiff in respect of financial transaction of his 2nd wife and under the threat and harassment of the defendant the father of the plaintiff committed suicide on
02..07.2023 and a case is registered in Crime No.0171/2023 before the Kodigehalli Police Station, Bangalore. After the death of his father his step mother informed the plaintiff that the defendant had forcefully taken the signed blank cheques of his father and mother and also the cheques of plaintiff and thereafter she also threatened the father of the plaintiff that the cheques pertaining to plaintiff will be presented for huge amount and she will file criminal cases against them and because of said harassment the father of plaintiff committed suicide. The plaintiff has no transaction with defendant. Under the circumstances the amount in question of the two blank cheques is nothing but illegal enforcement of liability. If the defendant wants to recover any amount it is only from his step 5 O.S. No.26030/2023 mother that too in accordance with law. If the defendant is permitted to use the above Negotiable Instruments against the plaintiff, then plaintiff will suffer irreparable loss and injury. Accordingly, he prays to decree the suit.
5. After registering this suit the suit summons were issued to the defendant and she refused the suit summons and hence as per the order dated 15.03.2024 she was placed exparte.
6. In order to prove the case of the plaintiff, he himself has been examined as P.W.1 and got documents marked as Ex.P-1 and 2.
7. Heard arguments, perused the pleadings, evidence, documents and available materials on record.
8. Based on the pleadings, the following points that would arise for my consideration are:
1) Does the plaintiff proves that his blank cheques bearing No.000024 and 000037 of HDFC Ltd Domlur Branch Bangalore in SB Account No.50100064367722 are in possession of defendant and they are null 6 O.S. No.26030/2023 and void, without consideration and are liable to be cancelled?
2) Whether the plaintiff proves that defendant has forcefully taken the blank cheques of the plaintiff?
3) Whether the plaintiff proves that the defendant is trying to misuse the said cheques of plaintiff?
4) Whether the plaintiff is entitle for the suit relief as prayed for?
5) What order or decree?
8. My answer to the above issues are as under:-
Issue No.1 :- In the negative Issue No.2 :- In the negative Issue No.3 :- In the negative Issue No.4 :- In the negative Issue No.5 :- As per final Order for the following:
R E A S O N S
9. Point No.1 to 4:- The plaintiff in order to prove his case got examined himself as PW.1 and during the course of evidence he filed his examination in chief affidavit wherein he 7 O.S. No.26030/2023 reiterated the plaint averments on oath. In support of his oral evidence the plaintiff has produced two cheque books containing strike out chque leaves of HDFC Ltd Domlur in SB Account No.50100064367722 as Ex.P1 and 2.
10. In the case on hand it is the case of the plaintiff that the defendant is family friend of his step mother by name Mrs. Nalani and the defendant was running an unregistered chit fund and the step mother of plaintiff subscribed chits with defendant. The plaintiff is residing separately from the date of his marriage. The father of the plaintiff sought some financial assistance from the plaintiff and at that time the plaintiff handed over his two signed blank cheques bearing No.000024 and 000037 to his father. Subsequently, the plaintiff came to know that the defendant forcefully taken the blank cheques of his father, mother and also the cheques of the plaintiff and the defendant threatened the father of the plaintiff that cheques of plaintiff will be presented for huge amount and she will lodge 8 O.S. No.26030/2023 criminal case against plaintiff's father. Due to said harassment and fear the father of plaintiff committed suicide and a criminal case is also registered in Crime No. 171/2023 before the Kodigehalli Police Station. There is no legally enforceable debt or liability. The plaintiff is not liable to pay any amount to the defendant. If the defendant is allowed to use the cheques of plaintiff the plaintiff will suffer irreparable loss and injury.
11. In the case on hand no doubt the defendant not appeared before the court and not contested the case of the plaintiff. However, the plaintiff has approached the court with a specific case and when that being the case the burden is on the plaintiff to establish that the defendant has forcefully taken the signed blank cheques of plaintiff's account from his father and the defendant is trying to present the said cheques for encashment though there is no legally liability.
12. The plaintiff has to establish that his father sought financial help and at that time he handed over his 2 signed 9 O.S. No.26030/2023 blank cheques bearing No. No.000024 and 000037 of HDFC Ltd Domlur Branch Bangalore in SB Account No.50100064367722 to his father, however the plaintiff has not placed any such evidence to show that his father has sought financial assistance from him and at that time he has handed over his 2 signed blank cheques to his father.
13. On perusal of Ex.P1 it is cheque book containing strike out cheque leaves starting from Serial number 000043 ending with the serial number 000060. Ex.P2 is also cheque book containing strike out cheque leaves of number 000020 and cheque bearing number 000032 to 000035.
14. The above cheques are strike out cheques. According to plaintiff he has given cheque bearing No. No.000024 and 000037 to his father. It is the case of the plaintiff that the defendant has forcefully taken above said 2 signed blank cheques of plaintiff from the father of the plaintiff. In this regard except the oral evidence of plaintiff there is no other 10 O.S. No.26030/2023 corroborative piece of evidence to prove the same. The plaintiffs step mother Nalani who was having knowledge of these facts was the best witness and however for the reasons known to plaintiff he has not examined the said step mother. The plaintiff has not issued any notice to the defendant to surrender his signed blank cheques to him. The plaintiff has not instructed his banker that the said 2 cheques in question were forcefully taken away by the defendant from the custody of his father. The plaintiff has not lodged any first information regarding taking away his 2 signed blank cheque forcefully from the possession of his father.
15. The plaintiff has not at all placed any evidence to show that his 2 signed blank cheque are in the possession of defendant and he owes no liability to the defendant. Unless the plaintiff establishes that the said 2 cheques are in the custody of the defendant the argument of the plaintiff that the defendant had forcefully taken the said cheques cannot be accepted. The 11 O.S. No.26030/2023 plaintiff has utterly failed to establish that the his 2 cheques are in the possession of defendant and the said 2 cheques are blank cheques. The plaintiff also failed to prove that the defendant is in possession of said 2 cheques and she has threatened the father of the plaintiff that she will present the said 2 cheques for huge amount and she will lodge criminal case against the plaintiff and his father and step mother. Even the copy of said FIR 171/2023 of Kodigehalli police station is not produced. The plaintiff has not placed any evidence that the defendant is trying to misuse the said 2 signed cheques of plaintiff which is in her possession. The plaintiff has not even instructed his banker to not to honour the said cheques if they are presented. It is only on assumption and presumption the plaintiff has filed this suit.
16. The plaintiff has relied upon the following Judgments:
1. Vellayya Konar(died) and another Vs. Ramaswami Konar and another 12 O.S. No.26030/2023
2. Jeka Dula Vs Bal Jivi (1937)39 BOMLR1072
3. Ram Karan Vs Bhagawan Dass
4. Prem Singh and others Vs. Birbal and others.
17. In the case on hand the entire crux of the case revolves around 2 Negotiable Instruments that is 2 signed blank cheques pertaining to the account of plaintiff. First and foremost the possession of said two cheques by defendant is not at all established by any cogent and convincing evidence. Hence with due respect to the principles laid down in the above cases relied on by the plaintiff they are not applicable to the facts and circumstances of the case on hand and they are not helpful to the plaintiff. Accordingly, the plaintiff failed to establish that he is entitled for relief of declaration and permanent injunction as sought for. Accordingly, I have answered Point No.1 to 4 in negative.
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O.S. No.26030/2023
18. Issue No.5:- In view of the reasoning given above, I proceed to pass the following:-
O R D E R The suit filed by the plaintiff as against the defendant is hereby dismissed with costs.
Draw decree accordingly.
--
(Dictated to the Stenographer, transcribed and computerized by her and after corrections pronounced by me in the open court on this the 12th day of November, 2024) Digitally signed by ANITHA ANITHA NANJANAGUDU NANJANAGUDU PARASHIVAMURTHY PARASHIVAMURTHY Date: 2024.11.16 11:56:00 +0530 (Anitha N.P.) LXXIII Addl. CC & SJ, M.H.Unit, Bengaluru. (CCH-74) A N N E X U R E
1. List of witnesses examined for the plaintiff's side:-
P.W.1 : Abhishek.M
2. List of documents exhibited for the plaintiff's side:-14
O.S. No.26030/2023 Ex.P.1 and 2 : 2 cheque books with strike out chque leaves of HDFC Ltd Domlur in SB Account No.50100064367722
3. List of witness examined for the defendant side:-
Nil
4. List of documents exhibited for defendant side:-Digitally signed by
Nil ANITHA ANITHA NANJANAGUDU NANJANAGUDU PARASHIVAMURTHY PARASHIVAMURTHY Date: 2024.11.16 11:56:14 +0530 (Anitha N.P.) LXXIII Addl. CC & SJ, M.H.Unit, Bengaluru. (CCH-74)