IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 CRP.No. 885 of 2008() --------------------- AS.8/2007 of ADDL. DISTRICT COURT (SPL.COURT), KOTTAYAM OS.810/1998 of ADDL.MUNSIFF COURT, ,KOTTAYAM .................... REVN. PETITIONER(S): APPELLANT/PLAINTIFF ------------------------------ A.G. GOPINATHAN NAIR, S/O. GOVINDA PILLAI, RESIDING AT ALOOR HOUSE, PUTHUPPALY VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SRI.P.M.NEELAKANDAN RESPONDENT(S): RESPONDENT/DEFENDANT ------------------------- K.S. RADHAKRISHNAN NAIR, RESIDING AT KALAPURACKAL HOUSE, NEDUMAVU, VAZHOOR.P.O, VAZHOOR VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- C.R.P.No.885 of 2008 --------------------------------------------- Dated this the 5th day of March, 2009 ORDER The plaintiff in O.S.No.810/1998 on the file of the court of the Additional Munsiff, Kottayam is the Revision Petitioner. The suit was filed by him for realisation of a sum of Rs.14,660/-. The trial court dismissed the suit. On appeal by the plaintiff, the appellate court confirmed the decree of the trial court. 2. The case of the plaintiff is that the defendant borrowed a sum of Rs.14,000/- from him on 3.7.1998 agreeing to repay the same within one month. As part of the transaction, Ext.A1 cheque dated 3.8.1998 for the said amount was issued by the defendant. Since the amount was not repaid, the plaintiff presented the cheque. The cheque was dishonoured due to insufficiency of funds in the account of the defendant. Hence, the suit was filed. The defendant disputed the transaction and borrowal of the amount. He also disputed the issue of the cheque. The plaintiff is the brother-in-law of one Somasekharan Nair. Somasekharan Nair has married the defendant’s sister. In CRP No.885/2008 2 1981, Somasekharan Nair purchased an Ambassador car in the name of the defendant. For that purpose, a loan was availed from the State Bank of Travancore in the name of the defendant. The money was taken by Somasekharan Nair. The property of the defendant was also offered as security. For operating the loan account, the defendant handed over 20 signed cheque leaves bearing Nos.470081 to 470100 to Somasekharan Nair. The car was sold by Somasekharan Nair in 1984. Thereafter, the loan account was not operated and it was closed in 1986. The cheque relied on by the plaintiff is one of the cheque leaves contained in the cheque book which was handed over to Somasekharan Nair. The defendant and Somasekharan Nair is on enmical terms. He had misused two cheque leaves and filed C.C.Nos.596 of 1998 and 598 of 1998 before the Magistrate's court. Misusing another cheque leaf, the wife of Somasekharan Nair filed another suit against the defendant as O.S.No. 731/1998. The defendant contended that he had no financial transaction with the plaintiff. 3. As per the judgment and decree dated 31st July 2000, the trial court decreed the suit. On appeal, the case was CRP No.885/2008 3 remanded. After remand, the trial court, as per the judgment and decree dated 31st May 2006, dismissed the suit. The judgment and decree were confirmed in appeal. 4. Before the trial court, the plaintiff was examined as PW1. On the side of the defendant, he was examined as DW1 and two witnesses were examined as DWs 2 and 3. It is admitted by PW1 that the defendant and Somasekharan Nair are on enmical terms after the auction sale of a crusher unit, which was purchased by the defendant from Somasekharan Nair. After the sale of the crusher unit in favour of the defendant, the Bank who had advanced loan had filed O.S.No.301/1989. The crusher unit was sold in court auction and it was purchased by the plaintiff. The courts below believed the case of the defendant that the cheque leaves were handed over to Somasekharan Nair at the time when the Ambassador car was purchased and a loan was availed. The Bank Manager who was examined as DW2 produced Exts.X 1 and X 2. Ext.X1 shows that the account was opened in the name of the defendant on 8.10.1979 and it became inoperative in 1985. Accordingly, the account was closed by the Bank. Out of the cheque leaves bearing Nos.470081 to 470100, CRP No.885/2008 4 DW2 stated that the cheques bearing Nos.470081 to 470084 were encashed. Somasekharan Nair who was examined as DW3 admitted that two criminal cases were filed by him on the basis of the cheque leaves and another case was filed by his wife against the defendant. There were also Writ Petitions between the parties before the High Court relating to the sale of the crusher unit. 5. It has come out in evidence that Somasekharan Nair filed C.C.No.596 of 1998 and 598 of 1998 before the Magistrate's court against the defendant and in those cases two cheques out of the cheques handed over to Somasekharan Nair were used. In O.S.No.731/1998 filed by the wife of Somasekharan Nair against the defendant, another cheque leaf, out of the 20 cheque leaves, was used. All those cases ended in favour of the defendant. 6. The courts below held that the present suit was filed by misusing one of the cheque leaves belonging to the defendant which came into the possession of Somasekharan Nair. It was also found that there was no money transaction between the plaintiff and the defendant. The findings arrived at CRP No.885/2008 5 by the courts below are findings of fact based on evidence. 7. In spite of the vehement arguments made by Sri.P.B.Krishnan, learned counsel for the petitioner, I do not find any ground to interfere with the concurrent findings of fact arrived at by the courts below on evidence. There is no error of jurisdiction. It cannot also be said that the findings arrived at by the courts below are erroneous, illegal or irregular or that they are based on no evidence. The Civil Revision Petition lacks merit and it is accordingly dismissed. K.T.SANKARAN, JUDGE csl