A THOMAS XAVIER Vs. MURUGESAN

JUDGEMENT

(1.) The petitioner is the defendant in O.S. No. 15 of 2006 on the file of the learned Subordinate Judge, Paramakudi filed by the respondent herein for recovery of money. It is stated in the plaint that on 01.05.2003 this petitioner received a sum of Rs. 1,50,000/-(Rupees One Lakh and Fifty Thousand only) from the respondent herein and executed the suit promissory note.

(2.) In the written statement the petitioner has pleaded that while he was working in the State Bank of India at Paramakudi, he approached one Ibrahimshaw, who is a moneylender, to advance loan of Rs. 30,000/-(Rupees Thirty Thousand only) to his friend and the said Ibrahimshaw obtained a blank promissory note with the signature from this petitioner and thereafter he gave loan to the friend of the petitioner herein and subsequently the said friend discharged the amount by paying to the said Irahimshaw and while this petitioner demanding the said Ibrahimshaw to return the blank promissory note, he told that it was misplaced and he would return the same after securing it.

(3.) It is further stated that relying upon the words of the said Ibrahimshaw, the petitioner did not compel to return the blank promissory note and now he believes that the said blank promissory note has been utilised by this respondent and the suit has been filed.