JUDGMENT :

Prayer: Appeal Suit is filed under Order 41 Rule 1 r/w Section 96 of C.P.C., as against the judgment and decree dated 16.07.2009 made in O.S.No.97 of 2005 on the file of the Additional District Court/Fast Track Court, Namakkal.

1. This Appeal suit is preferred by the defendants in the suit, assailing the money decree passed against them by the Trial Court.

2. Pleadings in brief:

Plaint

The plaintiff is a businessman residing at Rasipuram Town. The defendants are President and Secretary of Rasipuram Lorry Owners Association. The plaintiff and defendants are known to each other. The Rasipuram Lorry Owners Association is running a Petrol bunk at Rasipuram. The affairs of the petrol bunk is administered through the defendants. For the urgent financial requirement of the petrol bunk, the defendants borrowed hand loan of Rs.6,00,000/- from the plaintiff on 20.11.2002. When the plaintiff demanded back the loan amount, the defendants issued a cheque bearing No.657002 dated 28.11.2002 for Rs.6,00,000/- of Canara Bank, Rasipuram assuring that, sufficient balance is available in the