JUDGMENT: The respondent filed O.S.No.8932 of 1983 for recovery of a sum of Rs.33,750 from the appellants and another (the third defendant). In the course of business transaction the third defendant had given to the appellants a cheque for Rs.25,000 dated 23.9.1980. On the same day since the appellants wanted money urgently they endorsed it in favour of the respondent and received the sum of Rs.25,000 requesting the respondent to present it after some time. Accordingly, the respondent presented the cheque on 9.2.1981. The cheque was dishonoured. She orally informed them of the dishonour and they sought for time. Then she issued the suit notice for which there was no response and therefore, went to Court.

2. The appellants admitted the receipt of the cheque from the third defendant and also the endorsement. But they denied that it was dishonoured on 19.2.1981. According to the appellants the respondent did not inform them of the dishonour not did she send them a written notice. The appellants did not promise payment. They in turn issued a notice to the third defendant asking him to repay the amount to the respondent. There is no contract to pay interest. The suit has to be dismissed.

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