K. S. Radhakrishnan, J. : Defendant is the appellant in A. S. No. 311 of 2002 which arises out of the judgment and decree in O. S. No. 375 of 1993 on the file of the Sub Court, Trivandrum. Suit was instituted for realisation of money based on two dishonoured cheques. Claim petitioners are the appellants in E. F. A. No. 51 of 2002 which arises out of the order in E.A. No. 32 of 1999 in O. S. No. 375 of 1993 of the same court.

2. Plaintiff's case is that defendant while conducting a stationary shop by name M. F. Stores approached him and requested for a loan of Rs. 2,25,000/-. Since defendant was personally known to the plaintiff, he paid the said amount to the defendant on 6.3.1992. Defendant in turn handed over two cheques one dated 10.12.1992 for Rs. 1 lakh (Ext. A4) and another dated 2.3.1993 for Rs. 1,25,000/-. (Ext. A3). The two post-dated cheques were issued by the defendant on the undertaking that those cheques could be encashed on the dates shown therein. Defendant also agreed to pay interest at the rate of 18% per annum. Plaintiff presented the cheques for collection but the same were returned with the endorsement "funds insufficient". Fact of dishonour of the cheq