K. RAM MOHAN REDDY Vs. N. SUDHAKAR REDDY

JUDGEMENT

(1.) Aggrieved by the judgment of the learned X Additional District and Sessions Judge (Fast Track Court), Ranga Reddy District at L.B.Nagar, in A.S.No.75 of 2013, confirming the judgment of the learned I Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar, in O.S.No.301 of 2010, the defendant in the said suit is in second appeal.

(2.) The suit, O.S.No.301 of 2010, was filed for recovery of a sum of Rs.2,78,800.00 with interest and costs. The case of the respondent-plaintiff was that he and the appellant-defendant were cousins and that the appellant-defendant obtained a hand loan of Rs.2,00,000.00 from him for family necessities on 10/6/2008. When asked to repay the amount, the appellant-defendant issued two post-dated cheques of Rs.1,00,000.00 each bearing the dates 30/7/2009 and 30/8/2009 (Exs.A.1and A.2). The cheques were however dishonoured upon presentation for insufficiency of funds. After issuing a legal notice on 23/12/2009 (Ex.A.7), the respondent-plaintiff filed the suit.

(3.) The appellant-defendant contested the suit claim and asserted that the cheques were created and forged for the purpose of filing the case. He denied having taken any hand loan from the respondent-plaintiff and alleged that the respondent-plaintiff had somehow picked up Exs.A.1 and A.2 cheques which were not meant for payment of any amount to him.