ALAPATI RAJENDRA PRASAD Vs. MEDURI USHA RANI

JUDGEMENT

(1.) Challenge in this Appeal Suit is to the judgment, dtd. 16/12/2016, in Original Suit No.280 of 2012 on the file of the Court of Principal Senior Civil Judge, Guntur (for short, 'the learned Senior Civil Judge'), where under the learned Principal Senior Civil Judge decreed the suit of the plaintiff for a sum of Rs.8,58,665.00 with subsequent interest at 12% per annum from the date of suit till the date of decree and thereafter at 6% per annum on the principal sum of Rs.5,00,000.00.

(2.) The parties to this Appeal Suit will hereinafter be referred to as described before the trial Court, for the sake of convenience.

(3.) The case of the plaintiff, in brief, according to the averments in the plaint is that, plaintiff and her husband are the family friends of the defendant since 10 years. Defendant is cordially related to the plaintiff's husband and his family members. Defendant's family members also have good acquaintance with the family of the plaintiff. In the month of March, 2009, the defendant requested the plaintiff and her husband to lend a sum of Rs.5,00,000.00 for the purpose of his business, agreeing to repay the same within two months with interest at 24% p.a. Plaintiff is having an account in ICICI Bank, Lakshmipuram, Guntur vide Account No.630701521932 with cheque book facility. She lent a sum of Rs.5,00,000.00 as hand loan to the defendant by way of cheque bearing No.518963, dtd. 6/3/2009, drawn on ICICI Bank, PMG Complex, Lakshmipuram Main Road, Guntur through her Account bearing No.630701521932. She handed over the cheque to the defendant and the defendant encashed the same through his account. Plaintiff's bank statement clearly reveals that, on 7/3/2009, the defendant encashed the same but he did not choose to repay the same within the time. She demanded the defendant but the defendant postponed the same on one pretext or the other. Plaintiff got issued a registered legal notice on 24/2/2012 to the defendant demanding him to repay the debt due under the above referred hand loan. The counsel for the plaintiff did not receive any postal acknowledgment or the returned notice. Hence, the Suit.