Soumen Sen, J.—The appeal is against a money decree.

2. There is a cross appeal preferred by the plaintiff in so far the decree document allow pendente lite interest. Both the appeal and the cross appeal are taken up together and disposed of by this common judgment.

3. The plaintiff filed a suit for recovery of a sum of Rs.39,44,000/- on account of money lent and advanced. The plaintiff alleged that in or about March, 2005 the defendant had approached the plaintiff for a temporary financial assistance to the extent of Rs.29 lakhs for the purpose of development of his business and agreed to repay the said amount within 30th June, 2005. The plaintiff claimed that the relationship between the parties was cordial and on the assurance that the plaintiff would repay the same within the aforesaid period, the plaintiff had given three account payee cheques bearing no.765916 dated 3rd March 2005, 765918 dated 21st March 2005 and 765919 dated 3rd March 2005 respectively drawn on Standard Chartered Bank, Shyambazar Branch aggregating to Rs. 29 lakhs towards loan.

4. In acknowledgement of the receipt of such sums the defendant executed a promissory note on 8th March 2005 and undertook t