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2021 Supreme(Mad) 1455

G.JAYACHANDRAN
Rasipuram Lorry Owner's Association – Appellant
Versus
M. Velayutham – Respondent


Advocates:
Advocate Appeared:
For the Appellant :N. Manokaran, Advocate
For the Respondents:G. Prakash, Advocate

JUDGMENT :

Dr. G. Jayachandran, J.

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 account. The Cheque was presented on 11.12.2002 for collection. The Cheque returned on the same day with endorsement "Not arranged for. Exceeds arrangement and Payment stopped by the drawer". The Plai

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