SUKHDEV SINGH Vs. ANGREJ SINGH

JUDGEMENT

(1.) Defendant Sukhdev Singh who was successful in the trial court but has been unsuccessful in the lower appellate court has filed the instant second appeal.

(2.) Plaintiff Angrej Singh filed suit against defendant-appellant for recovery of Rs 4,40,000/-alleging that defendant on 31.3.2005 borrowed Rs 3,22,000/-from the plaintiff for payment to Commission Agent M/s Sukhbir Singh and brothers, Muktsar and promised to repay the amount within 3/4 months. However, when the defendant did not repay the amount, he executed pronote and receipt dated 18.8.2005 to repay the amount along with interest @ 18% per annum. Defendant, however, failed to repay the amount. Accordingly, plaintiff sought recovery of Rs 3,22,000/-as principal amount and Rs 1,18,000/-as interest till filing of suit.

(3.) The defendant broadly denied the plaintiff's averments. The defendant alleged that impugned pronote-cum-receipt is forged and fabricated document. It has been fabricated by plaintiff in connivance with the aforesaid Commission Agent. The defendant used to sell his agricultural produce through the said Commission Agent which used to take blank signed pronote from the defendant as security. Dispute arose between the defendant and the said Commission Agent. The dispute was settled and defendant cleared all the dues of the Commission Agent. Plaintiff is relative of defendant. The plaintiff assured that the blank signed pronote would be taken later on from the Commission Agent. However, the plaintiff after obtaining the said blank signed pronote from the Commission Agent fabricated the impugned pronote and receipt. The defendant never borrowed any amount from the plaintiff. Various other pleas were also raised.