MODDU ANJI REDDY Vs. B.NARASIMHA REDDY

JUDGEMENT

(1.) The present appeal suit is filed by the appellant/defendant against the judgment and decree dtd. 21/4/2009 passed in O.S.No.392 of 2004 on the file of V Additional Senior Civil Judge, Rangareddy District.

(2.) The suit vide O.S.No.392 of 2004 was filed by the respondent/plaintiff against the appellant/defendant for recovery of Rs.6,50,000.00 (Rupees Six lakhs fifty thousand only), basing on the promissory note dtd. 7/1/2003. The trial Court examined PWs.1 and 2 and marked Exs.A1 to A5 on behalf of the plaintiff and also examined DWs.1 and 2 on behalf of the defendant. The trial Court after considering arguments of both sides and evidence on record, decreed the suit in favour of respondent/plaintiff. Aggrieved by the said Judgment, the defendant therein preferred the present appeal.

(3.) The learned counsel for the appellant/defendant mainly contended that appellant/defendant had purchased the poultry feed from respondent/plaintiff and there is no transaction of taking loan from respondent/plaintiff, but the same was not considered by the trial court. He also contended that the trial court has erred in concluding that the writing and signature on the promissory note was differing with the other documents and moreover the cheque was having two different writings and the respondent/plaintiff has not filed original promissory note along with plaint and there was no explanation for not filing the said document. He further contended that the trial court ought to have considered that the legal notice and plaint are not having the date of promissory note and the respondent/plaintiff is not fair, as in his chief-examination, he stated that the case under Sec. 138 of Negotiable Instruments Act, 1881 was dismissed, but in his cross-examination he stated that the said case was decreed in his favour. Therefore, requested the Court to set aside the Judgment of the trial court.