NAZARIO PINTO Vs. JOAQUIM JOAO FERNANDES

JUDGEMENT

(1.) THE appellant defendant has preferred this appeal against the Judgment and Order passed by the Additional Civil Judge, Sr. Division, Margao for recovery of an amount of Rs. 1,50,000/ with interest at the rate of 21 % from 21. 11. 1989 till actual payment.

(2.) HEARD learned Counsel for both the parties. Perused the record.

(3.) THE record discloses that the appellant took a loan of Rs. 1,50,000/ from the respondent vide promissory note dated 21. 11. 1989. The respondent filed the suit for recovery of the said amount with interest at the rate of 21 % per annum. The appellant defendant contended that he never received the sum of Rs. 1,50,000/ from the respondent, but had signed the said promissory note under duress. Decreeing the suit filed by the respondent, the trial Judge held that the appellant defendant had failed to prove that the said promissory note was drawn without any consideration. It was also held that the appellant failed to rebut the presumption under Section 118 (a) of the Negotiable Instrument Act.