1. This Appeal is preferred by the original defendant against the Judgment and Decree passed by the learned Judge, City Civil Court, Mumbai, in Summary Suit No.944 of 1992 in favour of the plaintiff/respondent.

2. To state in brief, it is case of the plaintiff that on 25.1.1988, he had advanced an amount of Rs.37,000/- to the defendant, had had agreed to repay the amount with interest at the rate of 21% per annum. Accordingly, the defendant he had executed a promissory note in favour of the plaintiff. However, the defendant failed to make repayment of the amount, but he paid an amount of Rs.5,000/- on 15.5.1989 and thereafter he issued two cheques of Rs.3,000/- and Rs.6,000/- on 3.3.1990 and 21.5.1990 respectively. Both these cheques were dishonoured and in respect of the same the plaintiff has taken action against him under Section 138 of the Negotiable Instruments Act. After adjustment of the said amount of Rs.14,000/-, the defendant was liable to pay balance amount of Rs.23,000/-. According to the plaintiff, the interest on the amount till the date of filing the suit would be Rs.18,000/-. Therefore, he claimed total amount of Rs.41,000/-. Summary Suit was filed on 19.12