K MOHAN Vs. S JAWAHAR

JUDGEMENT

(1.) This Second Appeal has been filed to set aside the judgment and decree dated 12.12.2017 made in A.S.No.25 of 2016 on the file of the District Court, Udhagamandalam, confirming the judgment and decree dated 09.10.2015 made in O.S.No.9 of 2012 on the file of the Subordinate Court, Udhagamandalam.

(2.) The appellant is defendant and respondent is the plaintiff in O.S.No.9 of 2012 on the file of the Subordinate Court, Udhagamandalam. The respondent filed the said suit for recovery of a sum of Rs.1,06,215/- together with interest at the rate of 12% per annum on Rs.90,000/-. According to the respondent, the appellant borrowed a sum of Rs.90,000/- on 02.06.2010 and executed promissory note on the same day, promising to repay the same together with interest. The appellant towards repayment, issued a cheque bearing No.523239 dated 07.04.2011 for a sum of Rs.70,000/- drawn on Syndicate Bank, Coonoor Branch. On presentation, the said cheque was returned for insufficient funds. The respondent sent notice dated 27.04.2011 through his Advocate to the appellant. The appellant did not send any reply and did not pay the amounts even after receiving the said notice. Hence the respondent filed the said suit.

(3.) The appellant filed written statement and denied having borrowed a sum of Rs.90,000/- from respondent and executed promissory note. According to the appellant, the respondent is a money lender, lending money on exorbitant interest without obtaining any license from the competent authority. The appellant through one Rajesh, who is the agent of respondent, borrowed a sum of Rs.10,000/- for his urgent medical expenses during the month of February 2007. The respondent at that time took appellant's signature in the blank promissory note, three blank signed cheque leaves and signature in the white paper as well as in bond paper. The respondent issued a cheque for a sum of Rs.4,500/- after deducting Rs.500/- towards one month interest in the presence of Rajesh and one M.Saravanakumar. Subsequently, on 21.03.2007, the respondent issued another cheque for a sum of Rs.4,500/- after deducting Rs.500/- towards one month interest. The appellant deposited two amounts of Rs.2,000/- each in the account of respondent and another sum of Rs.4,000/-. Thereafter, the appellant could not repay the balance amounts to the respondent. The appellant did not borrow a sum of Rs.90,000/- and did not execute the suit promissory note and did not issue any cheque dated 07.04.2011, as alleged by the respondent. The respondent has fabricated the suit promissory note as well as cheque and filed the suit.