1. THIS appeal is against the judgment and decree of the learned 1st Additional District Judge Bokaro passed in Money Appeal No. 3 of 2003, whereby learned Lower Appellate Court has set aside the judgment and decree of the learned Sub Judge-I, Bokaro passed in Money Suit No. 10 of 1992.

2. THE defendant is the appellant in this second appeal. The plaintiff had filed Money Suit No. 10 of 1992 for a decree for realization of a sum of Rs. 65294/- from the defendant.

3. PLAINTIFF's case was that he had given friendly loan of Rs. 47,200/- to the defendant, as he was in dire need of money for establishing business of wholesale tea leaves for his son. The plaintiff had advanced the said friendly loan through account payee cheque on 18th May, 1990. The (defendant had assured to return the amount within a month. The cheque given by the plaintiff was encashed by the defendant and the money was utilized. The defendant, however, did not keep his promise and failed to repay the loan amount. The plaintiff had, thereafter, served a legal notice on 7th August. 1990, but even thereafter the amount was not paid. The plaintiff, thereafter, filed the said suit for realization of the said amoun