w w w . L a w y e r S e r v i c e s . i n



M/s. Krishnam Raju Financial Consultancy Services, rep. by its alleged Proprietor Ch.Krishnam Raju & Another v/s S.P.Builders, rep.by its alleged Managing Partner S. Haneef


Company & Directors' Information:- J K CONSULTANCY AND SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066762

Company & Directors' Information:- H S CONSULTANCY PVT LTD [Active] CIN = U74140WB1988PTC044368

Company & Directors' Information:- S M CONSULTANCY PVT LTD [Active] CIN = U74140WB1992PTC057293

Company & Directors' Information:- J B FINANCIAL & CONSULTANCY SERVICES PVT LTD [Active] CIN = U74120MH1986PTC303153

Company & Directors' Information:- K S CONSULTANCY SERVICES PVT LTD [Active] CIN = U74140WB1988PTC045137

Company & Directors' Information:- E TO E CONSULTANCY PRIVATE LIMITED [Active] CIN = U63030KA2008PTC048557

Company & Directors' Information:- Y A CONSULTANCY SERVICES PVT LTD [Active] CIN = U74140WB1987PTC043225

Company & Directors' Information:- N M FINANCIAL & CONSULTANCY PVT LTD. [Active] CIN = U74140WB1988PTC045715

Company & Directors' Information:- R. A. CONSULTANCY PVT. LTD. [Under Process of Striking Off] CIN = U67120WB1994PTC066521

Company & Directors' Information:- V G CONSULTANCY PRIVATE LIMITED [Active] CIN = U74899DL1993PTC054746

Company & Directors' Information:- L S D CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262781

Company & Directors' Information:- K .P. A. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140WB2010PTC142889

Company & Directors' Information:- KRISHNAM RAJU FINANCIAL CONSULTANCY SERVICES LIMITED [Strike Off] CIN = U65993TG1997PLC027104

Company & Directors' Information:- P O CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U93000WB2009PTC134219

Company & Directors' Information:- T K M CONSULTANCY INDIA PRIVATE LIMITED [Strike Off] CIN = U74140KL1998PTC012694

Company & Directors' Information:- A & A CONSULTANCY PVT. LTD. [Active] CIN = U74140WB1986PTC040777

Company & Directors' Information:- Y K CONSULTANCY (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL2003PTC121113

Company & Directors' Information:- L M J CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2010PTC208950

Company & Directors' Information:- R. K . CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140AS2006PTC008131

Company & Directors' Information:- M U S INDIA CONSULTANCY LIMITED [Strike Off] CIN = U74900WB2013PLC191253

Company & Directors' Information:- A & A SERVICES AND CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140OR2012PTC015010

Company & Directors' Information:- J R CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74900TN2015PTC102294

Company & Directors' Information:- K. N. FINANCIAL CONSULTANCY COMPANY PRIVATE LIMITED [Strike Off] CIN = U74999WB2011PTC170775

Company & Directors' Information:- R A D CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2011PTC224038

Company & Directors' Information:- S I M CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2007PTC162468

Company & Directors' Information:- Y. K. M. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74900DL2013PTC254940

Company & Directors' Information:- J. P. CONSULTANCY PRIVATE LIMITED [Active] CIN = U51909GJ2002PTC040433

Company & Directors' Information:- V & T CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999CH2005PTC027862

Company & Directors' Information:- P C CONSULTANCY PVT LTD [Active] CIN = U74210WB1991PTC053835

Company & Directors' Information:- J A CONSULTANCY PRIVATE LIMITED [Under Process of Striking Off] CIN = U93090MH2008PTC188284

Company & Directors' Information:- L M B CONSULTANCY SERVICES INDIA PRIVATE LIMITED [Active] CIN = U74999KL2002PTC015318

Company & Directors' Information:- M Y M CONSULTANCY SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74900KA2011PTC058364

Company & Directors' Information:- S K A CONSULTANCY PRIVATE LIMITED [Active] CIN = U74999UP2020PTC136502

Company & Directors' Information:- T C S CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140RJ1995PTC011052

Company & Directors' Information:- K B M CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U72900TG2002PTC038403

Company & Directors' Information:- D M M CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140WB2010PTC151887

Company & Directors' Information:- C I S (INDIA) CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74120BR2013PTC021019

Company & Directors' Information:- R I W CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KL2013PTC034174

Company & Directors' Information:- D D FINANCIAL CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140ML2010PTC008407

Company & Directors' Information:- G. B. FINANCIAL CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140WB2011PTC162172

Company & Directors' Information:- P S P CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900DL2011PTC222022

Company & Directors' Information:- N. K. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140HR2006PTC036471

Company & Directors' Information:- M E CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140KL2012PTC031172

Company & Directors' Information:- M & M CONSULTANCY SERVICES PVT. LTD. [Strike Off] CIN = U74140WB1992PTC056149

Company & Directors' Information:- V S B D CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140TN2000PTC045338

Company & Directors' Information:- Z K CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74210DL1993PTC052338

Company & Directors' Information:- B AND D CONSULTANCY SERVICES PVT LTD [Strike Off] CIN = U74210MH1982PTC027430

Company & Directors' Information:- D. G. CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140WB2008PTC129948

Company & Directors' Information:- V F C CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140RJ2015PTC048025

Company & Directors' Information:- R T M FINANCIAL CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U65999MH2008PTC185911

Company & Directors' Information:- E & C CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140TN2007PTC062260

Company & Directors' Information:- L & R CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140TN2009PTC072839

Company & Directors' Information:- P P CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74210TN1982PTC009556

Company & Directors' Information:- N R 'S CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74210TN1986PTC013630

Company & Directors' Information:- S K FINANCIAL CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140MH2003PTC139093

Company & Directors' Information:- M F S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140MH2008PTC177948

Company & Directors' Information:- D P CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140PN2008PTC132654

Company & Directors' Information:- S M J FINANCIAL CONSULTANCY AND SERVICES PRIVATE LIMITED [Active] CIN = U67120MH1999PTC118169

Company & Directors' Information:- A TO Z FINANCIAL CONSULTANCY PRIVATE LIMITED [Active] CIN = U74900PN2010PTC135332

Company & Directors' Information:- C AND H CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74100MH2004PTC148618

Company & Directors' Information:- R V K CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74120MH2011PTC221273

Company & Directors' Information:- H A S D CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120MH2011PTC222997

Company & Directors' Information:- H H S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74120MH2013PTC250345

Company & Directors' Information:- M & W CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74910TN2004PTC053384

Company & Directors' Information:- J K M CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120UP2010PTC042726

Company & Directors' Information:- Y V R CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74900TG2015PTC098309

Company & Directors' Information:- J L I CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U72300UP2012PTC052649

Company & Directors' Information:- R K D S FINANCIAL CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC039365

Company & Directors' Information:- D R M B CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2014PTC201139

Company & Directors' Information:- M P CONSULTANCY PVT LTD [Strike Off] CIN = U74120WB1996PTC081085

Company & Directors' Information:- J. L. CONSULTANCY PVT LTD [Active] CIN = U74140WB1985PTC039818

Company & Directors' Information:- S E S CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74999WB2011PTC170939

Company & Directors' Information:- G P R CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140CH2012PTC033622

Company & Directors' Information:- S K CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000JH2012PTC000348

Company & Directors' Information:- R & A CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U67100DL2011PTC215340

Company & Directors' Information:- M J M CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140DL2005PTC133200

Company & Directors' Information:- A C G CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140DL2005PTC140720

Company & Directors' Information:- H M S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2010PTC201488

Company & Directors' Information:- INDIA FINANCIAL CONSULTANCY CORPORATION PRIVATE LIMITED [Active] CIN = U74999DL2013PTC249422

Company & Directors' Information:- D & G CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U65990DL2011PTC214142

Company & Directors' Information:- R H H H CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900AP2014PTC095348

Company & Directors' Information:- A S D S FINANCIAL CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140HR2011PTC041915

Company & Directors' Information:- A & C CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140KA2008PTC046754

Company & Directors' Information:- J S M CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U93000HR2011PTC043455

Company & Directors' Information:- A P R CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U93000KA2014PTC073639

Company & Directors' Information:- K S D FINANCIAL CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140GJ2010PTC060229

Company & Directors' Information:- R K G J FINANCIAL CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140GJ2012PTC069847

Company & Directors' Information:- L AND L CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140KL1997PTC011084

Company & Directors' Information:- J AND S CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140KL2005PTC018496

Company & Directors' Information:- P E B CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140KL2011PTC027680

Company & Directors' Information:- Z & H CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U85190KL2008PTC023534

Company & Directors' Information:- D C D CONSULTANCY PRIVATE LIMITED [Active] CIN = U74999RJ2020PTC071399

Company & Directors' Information:- D AND N CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2020PTC195417

Company & Directors' Information:- S S G CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140TN1997PTC037763

Company & Directors' Information:- B C FINANCIAL CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U67120PB1996PTC017570

Company & Directors' Information:- V Z CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140MH2007PTC170875

Company & Directors' Information:- F T CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900CH2007PTC030854

Company & Directors' Information:- A. A. R. M. CONSULTANCY SERVICES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74140DL2006PTC150076

Company & Directors' Information:- A S A FINANCIAL CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140MP2008PTC020267

Company & Directors' Information:- M AND M CONSULTANCY PVT LTD [Strike Off] CIN = U74140PB1985PTC006557

Company & Directors' Information:- M P G FINANCIAL CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120MH1981PTC025190

Company & Directors' Information:- SERVICES AND CONSULTANCY P. LTD. [Strike Off] CIN = U99999DL2000PTC902217

    C.C.C.A No.128 of 1998

    Decided On, 18 February 2013

    At, High Court of Andhra Pradesh

    By, THE HONOURABLE MR. JUSTICE N.R.L. NAGESWARARAO

    For the Appellants: Hari Sreedhar, Advocate. For the Respondent: Rupendra Mahendera, Md. Yaseen Ali, Advocates.



Judgment Text

The defendants in O.S.No.631 of 1992 on the file of VII Senior Civil Judge, City Civil Court, Hyderabad are the appellants herein.2. The suit was filed for recovery of Rs.1,07,200/- alleging that the defendant No.2 is the proprietor of defendant No.1 consultancy, and there was an agreement between the plaintiff and the defendants that the defendants will arrange bank loans and deposits and the defendants obtained a sum of Rs.80,000/- from the plaintiff by way of a cheque dated 15.11.1990 and it was encashed. But subsequently, the defendants did not render any services and consequently the suit was filed for recovery of the amount with interest.3. The defendants had taken several pleas contending that the alleged agreement to provide deposits and loans through the banks is not valid. It was further pleaded that the plaintiff is known to the defendants and a hand loan of Rs.80,000/- was paid and in discharge of that hand loan, the cheque was issued and it was encashed. It was also pleaded that the person, who signed the plaint has no authority and the suit is not validly instituted and it was not registered and consequently the defendants are not liable to pay the amount.4. On the basis of the above pleadings, necessary issues have been framed for trail. On behalf of the plaintiff P.W.1 was examined and marked Exs.A1 to A6. On behalf of the defendants, no oral or documentary evidence was adduced. After considering the evidence on record, the Court below decreed the suit, and aggrieved by the same the present appeal is filed.5. The points that arise for consideration are:

1) Whether the defendants are not liable to pay the suit amount for the reasons mentioned by them?

2) Whether the judgment and decree of the Court below is legal and sustainable?

Points:

6. There is no dispute about the fact that the defendants have received a sum of Rs.80,000/- from the plaintiff by way of a cheque and it has been encashed. The dispute between the parties is as to whether the said payment was towards discharge of a debt due to the defendants or as an advance for the promised services to be rendered by the defendants.7. So far as the claim of the plaintiff is concerned, the said amount was paid as the defendants promised to provide loans and also bank deposits. The contention of the defendants is that the said agreement is not valid. However, it is to be noted that the 1st defendant’s firm run by the 2nd defendant is only for the purpose of rendering services and it is styled as consultancy.8. Therefore, in view of the above circumstances any amount paid towards the consultation charges cannot be said to be against the public policy or any valid agreement. In fact, it is not the case of the defendants that they were not doing any consultancy business. Even otherwise, if the deposits cannot be arranged from the bank, but still the loans can be arranged by virtue of consultancy and by processing, and therefore, it cannot be said as a contract not enforceable.

9. So far as the claim of the defendants is concerned, they have lent a sum of Rs.80,000/- to the plaintiff. In fact, the allegations in the written statement are so vague as to when the said amount has been lent and as to how it was paid. In the absence of such evidence, naturally, the plea of the defendants cannot be taken into consideration, and more so, when no oral evidence was adduced on behalf of the defendants.10. Relying the above deficiency, the learned counsel for the appellants tried to contend that the presumption under Section 139 of the Negotiable Instruments Act will come to aid and it shall be presumed that the cheque given by the plaintiff shall be in discharge of the debt due to the defendants.11. In order to appreciate this contention it is useful to refer Sections 138 and 139 of the Negotiable Instruments Act (for short 'the Act').

'138. Dishonourof cheque for insufficiency, etc., of funds in the account: - Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both.

139. Presumption in favour of holder: - It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque, of the nature referred to in Section 138 for the discharge, in whole or in part, of any debt or other liability.'12. A plain reading of the above provisions clearly go to show that the presumption under Section 139 of the Act applies only in cases where a prosecution has been laid under Section 138 of the Act for dishonour of the cheques, which were said to have been given in discharge of any whole or any part of the debt or other liability.13. In fact, in this case the Court is not dealing with a case of prosecution for dishonour and the aid of Section 139 of the Act cannot be taken by the learned counsel for the appellants when the language is clear. Therefore, it has to be held that the presumption under Section 139 of the Act has to be applied only to the cases referred to under Section 138 of the Act, which are cases of issuing a cheque for discharge of any liability and the dishonour thereof and in no other case the said presumption can not be drawn, since sufficient presumptions are provided under Section 118 of the Act with regard to negotiable instruments.

14. In this case, it is the specific plea of the plaintiff that it is a monitory transaction and towards advancement of the money, cheque has been given. Therefore, neither Section 138 of the Act nor Section 139 of the Act has relevancy, and the contention of the learned counsel for the appellant is not well founded.

15. The learned counsel for the appellant also contended that the person who signed the plaint has no authority and also he has no authority to give evidence. Though the firm was not registered by the date of issue of the cheque, but by the date of filing of the suit, the firm has been registered and Ex.A6-Partnership Deed has

Please Login To View The Full Judgment!

been filed in which P.W.1, who signed the plaint was shown as a partner of the firm and under Clause No.7, he is one of the Managing Partners along with two others, who are permitted to do the entire management of the firm. It does not show that all of them have to jointly do any transaction or represent the firm.16. Therefore, in view of the above circumstances, the plaintiff, being one of the Managing Partners, is competent to do business on behalf of the firm as per the expressed terms in Ex.A6. Therefore, I do not find any reason to interfere with the judgment of the Court below.Accordingly, the Appeal is dismissed. Miscellaneous petitions, if any, pending in this appeal shall stand dismissed. No order as to costs.
O R