Sasikhanth Jain v. P.Sundarrajan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-12-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.29970 of 2025
1. Sasikhanth Jain Proprietor, Sasi Industries, Plot No.2022, 2nd Block, TVH Apartment, 2nd Floor, Bricklin Road, Purasawakkam, Chennai 600 007 Factory Address B-13, Sidco 3rd Main Road, Kaviarasu Kannasasan Nagar, Kodungaiyur, Chennai-118.
Appellant(s) Vs
1. P.Sundarrajan S/o.Palanisamy, Old No.5, New No.6, SR Nagar, Selavoyal, Kodungaiyur, Chennai 600 118 Respondent(s) PRAYER Second Appeal filed under Section 100 of Code of Civil Procedure, prays to set aside the Judgment and Decree dated 23.09.2025 in AS No. 29 of 2025 passed by the XVIII Additional City Civil Court, Chennai and confirming the Judgment and Decree dated 28.10.2024 in OS No. 4265 of 2019 passed by the XVIII Assistant Judge, City Civil Court, Chennai.
For Appellant(s):
Mr.K.Bommuraj For Respondent(s):
Mr.K.P.Pugazendhi JUDGEMENT The appellant has filed this Second Appeal against the Judgment and Decree dated 23.09.2025 in AS No. 29 of 2025 passed by the XVIII Additional City Civil Court, Chennai and confirming the Judgment and Decree dated 28.10.2024 in OS No. 4265 of 2019 passed by the XVIII Assistant Judge, City Civil Court, Chennai.
2. For the sake of convenience, the parties herein are referred to as they are ranked in the suit.
3. Challenging the concurrent findings of the Courts below, the defendant has preferred the present appeal. Before the trial Court, the respondent/plaintiff filed a suit for recovery of money directing the defendant to pay a sum of Rs.1,60,000/- along with further interest at the rate of 12% per annum from the date of plaint till the date of realization. The plaintiff was an employee under the
defendant, who is the owner of a Sasi Industry. The plaintiff was employed as a Deputy Manager in the defendant's Sasi industry. During the course of employment, arrears of salary to the tune of Rs.15,000/- per month accumulated for nearly eleven months. Towards the said arrears, the defendant issued a cheque, which, upon presentation, was dishonoured. Hence, the plaintiff come forward with the suit for recovery of the said amount.
4. The defendant contested the suit by contending that the cheque was misused by the plaintiff with an intention to extract more money and that the cheque had been abused. However, in the written statement, the defendant did not state as to how the cheque came into the possession of the plaintiff. Though the defendant contended that the cheque was either stolen or missing, no steps were taken by him and no complaint was lodged in this regard.
5. Admittedly, as per Exhibit B1, the bank statement pertaining to the defendant's account clearly proves that the cheque belongs to the defendant and that the same was dishonoured. The defendant also admitted that the plaintiff was employed under him. The plaintiff has proved his case, and all these facts clearly stand established before this Court. No substantial question of law arises for consideration in this second appeal. Therefore, the concurrent findings of the Courts below are confirmed.
6. Time is granted to the appellant / defendant to pay a sum of Rs.1,60,000/- to the respondent / plaintiff along with interest at the rate of 7.5% per annum from the date of filing of the suit till the date of realization, within a period of four weeks from the date of receipt of a copy of this order.
7. Accordingly, this second appeal is dismissed. Consequently, the connected miscellaneous petition is closed. There shall be no order as to costs. 02-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri
To 1.P.Sundarrajan S/o.Palanisamy, Old No.5, New No.6, SR Nagar, Selavoyal, Kodungaiyur, Chennai 600 118.
2.The XVIII Additional City Civil Court, Chennai.
3.The XVIII Assistant Judge, City Civil Court, Chennai.
T.V.THAMILSELVI J.
rri 02-12-2025