V. SINDHU Vs. C. THANGAMONI

JUDGEMENT

(1.) THIS Second Appeal has been preferred by the defendants 2 and 3 in O.S.No.195 of 2001 which was decreed by the learned Subordinate Judge, Padmanabhapuram, which has been upheld by the learned District Judge, Kanyakumari at Nagercoil in A.S.No.42 of 2005 which was preferred by the defendants 2 and 3.

(2.) THE respondent, namely, Thangamoni instituted the suit in O.S.No.190 of 2001 in the court of the learned Subordinate Judge, Padmanabhapuram, alleging that the first defendant, namely, Vijayakumar has borrowed Rs.1 1/2 lakhs from him one month before 25.03.1997 and he had agreed to repay the amount on 25.03.1997 and he had issued Ex.A.1 cheque to the respondent for the said amount. Since the cheque was dishonoured under Ex.A.2 by the Banker the respondent issued Ex.A.3 and A5 notices which were received by the first defendant. There was no reply. No money. In the circumstances, the respondent instituted the said suit.

(3.) THE first defendant resisted the suit by filing written statement contending that he has not borrowed any money as stated by the plaintiff and it was a blank cheque, it has been forged.