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Defendant in O.S.148 of 2004 on the file of Additional Sub court, Kochi is the appellant. Plaintiff is the respondent. Respondent instituted the suit for realisation of Rs.1,40,860/- with future interest at 12% due from appellant. According to respondent, a proprietory concern engaged in the business of clearing and forwarding agents, mainly in Cochin Port Trust, appellant is the proprietor of M/s. Makka Fruits engaged in the business of exporting fruits from India and abroad. It was contended that appellant approached respondent in April 2003 and engaged in services and C and F agents for exporting mango to Dubai and pursuant to the engagement, respondent rendered his services and apart from C & F charges, appellant had also to pay necessary Ocean Frieght for the aforesaid consignments along with war surcharge. Towards the consignments, undertaken, respondent raised Ext.A1 debit note for a sum of Rs.1,54,132/-, Ext.A2 debit note for Rs.1,51,685/- and Ext.A3 debit note for Rs.1,36,297/-. It was contended that towards the amount due, appellant paid Rs.1,40,000/- on 11.4.2003,  Rs.14,130/- on 23.4.2003, Rs.20,000/- on 6.5.2003, Rs.1,00,000/- on 6.5.2003 and Rs.45,000/- on 3.7.2003 and Rs.1,22,984/- was outstanding as on 3.7.2003. It was contended that respondent is maintaining a true and proper account and on various occasions, respondent requested appellant to settle the account but he did not pay the amount. Ext.A4 lawyer notice was issued informing the position and demanding Rs. 1,22,984/- with interest at 12%. Appellant received the notice. But instead of paying, respondent sent Ext.A5 reply setting up a false case. Respondent sought realisation of the amount due.

2. Appellant resisted the suit admitting that respondent had approached appellant and offered to act as C and F agent for the appellant to export mangoes to Dubai and accordingly appellant entrusted the work of exporting mangoes to plaintiff and appellant had no previous acquaintance with respondent. It was contended that as on 6.5.2003, there was a balance of Rs.1,67,984/- and on 7.5.2003, a cheque for Rs.1,40,000/- drawn in his account in State Bank of India was issued and on 20.5.2003, Rs.45,000/- was paid in cash and later cheque for Rs.1,40,000/- was dishonoured and respondent approached appellant and intimated the fact and thereafter appellant settled  the dues by making a cash payment of Rs.1,20,000/- on 10.6.2003. It was contended that on receipt of that amount, respondent returned the dishonoured cheque and accordingly a total sum of Rs.4,39,113/- was paid and it was acknowledged by respondent and the balance amount due was only Rs.2,984/- and it was later agreed to be written off and therefore respondent is entitled to the decree sought for. It was also contended that stating the true facts, appellant sent Ext.A5 reply to Ext.A4 notice and the suit is only to be dismissed.