Q1. (a) Write a Judgement on the basis of facts given below: You must pay attention to following points : Judgement should be in proper format;
(a) Write a Judgement on the basis of facts given below: You must pay attention to following points : Judgement should be in proper format;
(b) Frame issues properly and give findings on them;
(c) Conclude the judgement with operative order. नीचे नमूद केलेल्या कथनावरून न्यायनिर्णय लिहा : पुढील मुद्दे विचारात घेणे आवश्यक आहे: (अ) न्यायनिर्णय विहीत नमून्यात असणे आवश्यक आहे; (ब) योग्य मुद्दे काढावे आणि त्यांचे निष्कर्ष द्यावेत; (क) अंतिम आदेशाने न्यायनिर्णयाचा शेवट करावा. Facts for Judgement: Plaintiff's Case is as under: Sunil Borate and Sham Pandit are friends. Sunil is a cloth merchant and Sham is a builder/contractor. Sunil and Sham were having financial transactions in the past. Sunil was in need of money and therefore approached Sham on 2.2.2014 with a request to lend him amount of \bar\epsilon 3,00,000 for his business purpose. Sham extended the said amount on 15.2.2014 by withdrawing it from his account. Sunil had promised to return the amount within 6 months. It was agreed that no interest will be paid on the said amount, if the same is returned within the stipulated period. Sunil failed to return the amount within 6 months, Sham issued notice dt. 23.10.2014 through his Advocate to Sunil and called upon to make payment within days. Sunil received the notice on 25.10.2014. He issued cheque bearing No. 12345 drawn on State Bank of India, Rajwada Branch, Sangli for ₹ 3,00,000 dt. 5.11.2014. The said cheque was presented by Sham with his banker HDFC Bank, Ganesh Peth, Sangli on 6.11.2014. Said cheque came to be dishonoured on the ground 'refer to drawer' on 7.11.2014.
