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2019 (2) TMI 1012 - HC - Indian LawsDishonor of Cheque twice - recovery of loan amount - Section 138 of the Negotiable Instruments Act, 1881 - entitlement of the respondent/plaintiff to recover the suit amount - Section 92 of the Indian Evidence Act, 1872 - Held that:- As regards the issue of repayment, the trial court has held that since the respondent/plaintiff in his cross-examination admitted to receiving a sum of ₹ 1,30,000/-, this amount has to be deducted from the principal loan of ₹ 6,00,000/-, and therefore the respondent/plaintiff is only entitled to the amount of ₹ 4,70,000/- as the balance principal amount. The trial court has rejected the defence of the appellant/defendant no.1 of making a payment of ₹ 18,500/- in cash because no evidence has been led with respect to proof of this payment of ₹ 18,500/- - Further, the trial court has held that the payment given for the settlement of the case pertaining to the Negotiable Instruments Act was for the settlement of the cheque issued by the brother of the appellant/defendant no.1 for his liability to the respondent/plaintiff, and not for and by the appellant/defendant no.1, and therefore the payment made for settlement of the Negotiable Instruments Act case under Section 138 filed against the brother of the appellant/defendant no. 1 cannot be taken as discharge of liability of the appellant/defendant no. 1 towards the subject and different loan of ₹ 6,00,000/- - The trial court has therefore rightly held against the appellant/defendant no.1. The trial court has rightly held that the loan amount was of ₹ 6,00,000/-, and that the appellant/defendant no.1 had only repaid a sum of ₹ 1,30,000/- and that the appellant/defendant no.1 did not pay any other amount as was contended by him. The Suit therefore has been rightly decreed for a sum of ₹ 4,70,000/- alongwith interest @ 12% per annum simple - appeal dismissed.
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