LAWS(APH)-2008-2-36

M D NYAMATHULLA Vs. A CHITHARANJAN REDDY

Decided On February 15, 2008
M.D. NYAMATHULLA Appellant
V/S
A. CHITHARANJAN REDDY Respondents

JUDGEMENT

(1.) THIS matter is listed before us on the order of reference made by learned single judge as to "whether an instrument to be a promissory note, requires a recital which conjunctively incorporates a promise to pay not only to a certain person, but also to the order of a certain person and to the bearer of the instrument, as well".

(2.) APPARENTLY, the learned single Judge referred the matter to the Division Bench doubting the correctness of the decision rendered by another learned single Judge of this Court in Kotla Sudheer Kumar v. Mallavarapu Jojayya @ Jojaiah Chowdary as to the reading of the proposition of law laid down by the Full Bench in bolisetti Bhavannarayana @ Venkata bhavannarayana v. Kommuri Vullakki Cloth merchant Firm, Tenali and others.

(3.) BEFORE answering the reference, we deem it appropriate to refer the facts or the case, in brief, which led to the reference: a. Chitharanjan Reddy, the respondent herein, filed O. S. No. 9 of 2003 on the file of senior Civil Judge, Hindupur for recovery of an amount of Rs. 6,90,000/- on an instrument dated 3-2-2002 executed by m. D. Nyamathulla, the petitioner herein. The instrument reads as hereunder: "today 3-2-2002 I, Md. Nyamatullah s/o M. A. Jabbar Sab, Hasnabad, Hindupur. I, promise to pay A. Chittaranjan Reddy, s/o A. Kesava Reddy, Hindupur. To pay Rs. 6,90,000/- (Rupees six lakhs ninety thousands only ). This amount will be paid on or before March, 2002" the instrument is signed by the respondent (sic. petitioner) herein and duly witnessed.