2019 (2) TMI 1941

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....sad, J. 1. This appeal is filed at the instance of the plaintiffs in O.S. No. 61 of 1999 before the Subordinate Judge's Court, Koyilandy. The suit is one for realization of money advanced by the predecessor-in-interest of the plaintiffs by name Ramachandran to the respondent/defendant. It is the definite case of the plaintiffs that Ext. A1 cheque was issued by the defendant to Ramachandran ....

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....rding to him, deceased Ramachandran used to help the defendant in his business and on one occasion, he pulled out a signed cheque leaf, kept by the defendant in a table, without defendant's knowledge and consent. 3. The court below framed necessary issues arising out of pleadings. P.W. 1 and D.W. 1 were examined. Exts. A1 to A11 are the documents relied on by the plaintiffs. There is no evi....

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....rned counsel for the appellants that the finding of the court below that the suit was instituted on 01-12-1999 is factually incorrect. Not only the decree, but also the original plaint would show that it was instituted on 29-10-1999. Going by Article 35 of the Limitation Act, it can be seen that the limitation period prescribed for claiming money based on a cheque will be three years from the date....

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....iated against the defendant at the instance of the plaintiffs as C.C. No. 1500 of 1996 before the Judicial First Class Magistrate Court, Koyilandy. At the time of examining the defendant (accused in that case) under Section 313 of Cr.P.C., he has practically admitted that the statement given by the Bank Manager that signature seen on Ext. A1 is that of the defendant's own signature. This admis....