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news details
Court orders recovery of Rs 33 lakh from Ex-Minister
Cheque dishonour case
10/23/2019 11:09:29 PM
Avinash Azad
Early Times Report
Jammu, Oct 23: The court of Principal District Judge, Jammu has passed a decree for recovery of Rs 33 lakh from former Minister along with 6 percent interests from date of filing suit by plaintiff after dishonouring of bank cheque in June 2004.
According to complaint filed in the court of Principal District Judge, Jammu, complainant claimed that he was engaged by former minister as a full time Director in the company and offered and agreed to pay him salary of Rs 45,000 per month with additional Rs 5000 per month as conveyance charges and Rs 5000 per month as the accommodation charges and the total amount which the defendant agreed to pay him was thus Rs 55,000 per month w.e.f 1st March 1999.
Former Minister after appointing me as a Director avoided paying me the salary and other emoluments on one pretext or the other. He used to pretend that he had some financial problem and had applied for loan with the SIDCO. The loan was released in his favour by the SIDCO but even then he avoided making payment to him", the complainant claimed in his pray before the court.
He further claimed that he repeatedly demanded payment of salary but former minister kept assuring to pay him however failed to pay.
"I continued to perform his work and because of his dedication the company became fully functional by November 2003. In February 2004, I settled the accounts with him , and he expressed his concern that on account of certain circumstances beyond his control and on account of scarcity of funds he had been unable to pay him the salary and other dues and on 18.2.2004 he issued a post dated cheque No: 876003 for an amount of Rs 33 lacs drawn on UCO Bank Badshah Chowk Srinagar in his favour," he claimed.
The complainant further informed the Court that the cheque was dishonoured by the bank on account of insufficient funds and some other defects. "I was informed about the dishonour of the cheque by the bank vide memo dated 25.5.2004", he said, adding that the communication regarding dishonour dated 1.06.2004 of the bank was received by him on 21.06.2004 and after issuing notice to former minister in respect of the dishonouring of the cheque, I demanded the amount and on his failure filed complaint u/s 138 NI Act against him before the Court, which took cognizance and issued process to the defendant.
Meanwhile, on 24th September 2019, Principal District Judge Jammu Vinod Chatterji Koul passed decree for recovery from the former minister who according to court's judgement has made up so many u-turns in his statements.
"He had not come up with clean hands in his written statement, as well as in his statement before the Court. On one hand he stated that the court must consider the agreement dated 25.03.2005, but he denies the liability, considering the issuing of cheque in favour of the plaintiff. He fails to address, this thing as to what constrained him to execute an agreement with the plaintiff. His main trust of arguments is that the agreement is the only factor which needs to be executed and he is ready for the same. He fails to address as to what is the genesis of the said agreement", the Court observed.
The court further observed, "In view of the foregoing discussions, the suit of the plaintiff is allowed and a decree for recovery of Rs 33,00,000 is passed in favour of the plaintiff and against the defendant along with interest @ 6% per annum from the date of filing of the suit till realization of the whole amount. A decree sheet be drawn accordingly."
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