JUDGMENT

C.S.Sudha, J.

This appeal is against the judgment and decree dated

10.02.2012 in O.S.No.874/2010 on the file of the Sub Court, Ernakulam. The suit is one for money based on a cheque. By the impugned judgment, the suit has been dismissed. Hence, the plaintiff is before this Court with this appeal. The respondent herein is the sole defendant in the suit. The parties in this appeal will be referred to as described in the plaint.

2. The plaint was filed alleging thus- The plaintiff and defendant, both natives of Kerala, are doing various businesses in Dubai, UAE. They are close associates. In February 2006, the defendant purchased the scheduled properties in which he proposed to start a joint venture business with the plaintiff for developing the properties into a “Farm House-Tourism Spot”. The estimated cost for the completion of the project was two crore rupees. As requested by the defendant, the plaintiff agreed to invest 50% of the estimated cost of the project in instalments within a period of five years. Accordingly, he paid a total amount of Rs.2,85,00,4000/- in instalments, as cash as well as through the bank account of PW2, a friend of the defendant, who in turn handed