JUDGMENTBY: ABDUL MALIK ISHAK J

The appellant, an advocate and solicitor with Messrs Gulam & Wong, filed his claim against the respondent in the magistrates court, Johor Bahru vide Summons Case No 72-4417 of 1993, and in his statement of claim, the appellant sought for the return of his RM20,000 which was advanced to the respondent as a personal loan and which was payable, as agreed by the respondent, on 30 June 1988. The respondent gave a cheque vide OCBC No 201486 dated 30 June 1988 to the appellant, which was dishonoured when the appellant presented for payment at the Malayan Banking Bhd, Johor Bahru on 20 July 1988. The appellant sought for the repayment of that personal loan on several occasions but to no avail and finally, on 26 January 1993, the appellant sent a notice of demand through Messrs Gulam & Wong. This was also ignored by the respondent.

The defence was that in 1983, both parties together with one Foon Teck Lee decided to embark on a moneylending business. It is agreed that the appellant acted as the financier whilst the respondent was responsible for scouting for the borrowers. It was alleged that towards this end, the appellant had issued five cheques in the foll

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