JUDGMENT

This appeal arises out of the concurrent findings rendered by the II Addl. Munsiff Court, Thiruvananthapuram, in O.S. No. 1459 of 2003 dated 30.06.2004 affirmed by the Addl. District Court - II, Thiruvananthapuram, in A.S. No. 273 of 2009 dated 08.10.2010. The suit was one which is instituted for recovery of money.

2. The brief facts necessary for the disposal of the appeal are as follows;

2.1. The plaintiff sued the defendant/appellant on the strength of a cheque bearing No. 367381 dated 21.07.2003 for an amount of Rs. 57,500/-. According to the plaintiff, on 04.10.2002, a sum of Rs. 57,500/- was borrowed by the defendant for which, a security was given in the form of cheque bearing No. 367381 dated 21.07.2003. It is further stated that there was a complaint before the Sub Inspector of Police, Vanchiyoor, by the defendant against the creditors and that it was settled by the defendant by stating that he would pay the amount.

Since there was no intention on the part of the defendant to settle the amount, the plaintiff proceeded to submit the cheque for encashment. But, however, same was dishonored on 22.07.2003. Accordingly, the plaintiff issued a lawyer’s notice on 08.08.200