High Court Kerala High Court

I.K.Sadanandan vs A.V.Phalgunan on 28 September, 2007

Kerala High Court
I.K.Sadanandan vs A.V.Phalgunan on 28 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 844 of 2007()


1. I.K.SADANANDAN, KUNNANATH HOUSE,
                      ...  Petitioner

                        Vs



1. A.V.PHALGUNAN,
                       ...       Respondent

                For Petitioner  :SRI.V.PREMCHAND

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :28/09/2007

 O R D E R


                               M.N.Krishnan, J.

                ========================

                           C.R.P.No.844 of 2007

                ========================


          Dated this the  28th  day of September, 2007.


                                      ORDER

This Revision is preferred against the judgment of the

Subordinate Judge, Thalassery in A.S.No.9 of 2004. At the

outset, I may state that this Court is only exercising the

revisional jurisdiction and unless there is patent illegality,

irregularity or perversity, this Court is not expected to interfere

with the concurrent findings of fact and even in Second Appeal,

the Apex Court has held that even if different view is possible,

the Second Appellate Court is not competent to substitute its

view with regard to the concurrent views of the court below.

With this fact, let me allow to analyse the matter and find out

whether this can be admitted at this stage.

2. The suit is one for realisation of an amount of

Rs.20,000/- alleged to be due from the defendant. It is

submitted that in discharge of the liability a cheque was issued.

CRP 844/07 -: 2 :-

When the cheque was presented for encashment, it was returned

for insufficiency of funds. Notice was issued. A criminal

complaint, S.T. No.365 of 1998 was filed. But unfortunately

another notice was also sent and therefore the criminal complaint

was withdrawn. Thereafter, the present case is instituted.

3. The defendant at least admits that he had borrowed a

sum of Rs.7,000/- in December, 1997 and would submit that he

had put his signature in a blank cheque and given it as a security.

Documentary evidence and oral evidence were adduced in this

matter and both the courts below on an appreciation of the

evidence, came to the conclusion regarding the genuineness of

the claim of the plaintiff. One of the aspects, which was

highlighted by the defendant is regarding the non-mentioning of

Rs.3,000/-, which was received by the plaintiff. It has to be

stated that the said amount was received only after filing of the

suit and the cheque issued on that behalf was dishonoured. The

plaintiff submitted that he had received Rs.3,000/- in the chief

affidavit and only prayed for a decree for the balance amount.

So, on analysing the evidence of both the parties, both the courts

below arrived at a conclusion. I do not find that there is any

CRP 844/07 -: 3 :-

perverse approach or illegality committed by the courts below in

appreciating the evidence.

Therefore, this Civil Revision Petition is dismissed.

M.N.Krishnan,

Judge.

ess 28/9