FRANCIS STANLEY Vs. XAVIER S/O ANTONY

JUDGEMENT

(1.) The defendant in a suit for money is the appellant. The suit was filed by the plaintiff contending that the defendant borrowed a sum of Rs. 80,000/- and to discharge that debt, Ext.A1 cheque was issued, which on presentment was dishonoured; consequent whereto notice of dishonour was sent to the appellant. It was acknowledged by him. No reply was sent. Hence, the suit was filed.

(2.) The defendant denied the execution of Ext.A1 but contended that during 2004-2005 he had borrowed a sum of Rs. 10,000/- from the plaintiff and at that time two signed blank cheque leaves were handed over to the plaintiff. The amount of Rs. 10,000/- borrowed by him was subsequently repaid. But the cheques were not returned. Making use of one signed blank cheque leaf the suit was filed, it is contended.

(3.) Before the trial court, the plaintiff got himself examined as PW1 and Exts.A1 to A3(b) were marked. The defendant and one witness were examined as DW1 and DW2. Exts.B1 and B2 were also marked. The trial court accepted the case of the plaintiff and hence decreed the suit. The appeal filed by the defendant was dismissed.