annum against the three
defendants on the basis of three dishonoured cheques. The plaintiffs
No.1&2 are pleaded to be the sons ... February, 2007 in a train accident; (xi) the plaintiffs presented their
respective cheques for encashment after the demise of Sh. Anil
Kumar Malik
suit has been filed on the basis of eleven dishonoured
cheques dated from 20th December, 2002 to 25th January, 2004, for
varying amounts totaling ... said amount, the
defendants in acknowledgment of their liability issued the
aforesaid cheques totalling Rs 53,50,000/- in favour of the plaintiff.
Upon dishonour
Page 3 of 27
(vi) That the loan amount was disbursed vide cheques, particulars
whereof are given in the plaint in each ... properties described in the plaint in each suit, post
dated cheques and guarantee of defendant No.2 in CS(OS)
No.47/2011 and guarantee
will
not claim any amount more than that to be due, notwithstanding
cheques issued by the petitioners for any amount and handed
over ... respondent no.1;
(ii) the petitioner no.1 issued cheques for the amount due of `785
lacs and also undertook to have issued from
discharge of his liability under the
aforesaid invoices issued the following cheques in favour of the
plaintiff:
Date Cheque No./Particulars Amount ... National Bank)
Total 41,66,895.00
(v) that all the aforesaid cheques were returned unpaid;
(vi) that upon the defendant being informed thereof, asked
which Rs.10,00,000/- were given by way of
cheques in the name of the defendant No.1 Firm; (vi) the plaintiff in para ... plaintiff to the
defendant No.1 Firm was vide two cheques of Rs.5,00,000/-
each drawn at Chennai where the plaintiff was then
defendant no.1 issued
several current dated and post dated cheques in favour of the plaintiff
towards discharge of liability to return the entire amount ... cheques for the entire amount of
Rs.13,15,00,000/- were dishonoured on presentment; (viii) on 26th August,
2014, in pursuance to the criminal
balance sale consideration of Rs.49,99,999/-, post-
dated cheques signed by the defendant No.3 were issued to the plaintiff; (k)
that ... said cheques when presented, were dishonoured and fresh cheques
were given by the defendant No.3 to the plaintiff but which were also
dishonoured
years of the date when the price of
goods was due, issued cheques for part of the amount due and the suits were
filed within ... three years of the date of dishonour of the said cheques though
beyond three years from the date of the cheque in each
outstanding and for discharge of his legal liability, the
appellant/defendant issued cheques ... respondent/plaintiff; (iv) that the
respondent/plaintiff presented the said cheques for clearance but the same were
returned unpaid for the reason "payment stopped
