JUDGMENT :

Assailing the judgment and decree, dated 23.01.2006 passed in O.S.No.233 of 2004 on the file of Principal Junior Civil Judge, Kurnool, the defendant filed the above appeal.

2. For the sake of convenience and brevity, the parties shall be referred to as they are arrayed in O.S.No.233 of 2004.

3. The suit O.S.No.233 of 2004 was filed by the plaintiff for recovery of an amount of Rs.5,12,049/-, the principal being Rs.3,00,000/-.

4. The averments in plaint, in brief, are that the defendant borrowed an amount of Rs.3,00,000/-from the plaintiff on different dates, as hand loan and issued post-dated cheques bearing Nos.113704, 113705 and 113706 dated 19.05.2001, 21.05.2001 and 21.05.2001 for Rs.1,00,000/-each; that in view of cordial and long standing relations between them, plaintiff did not insist for execution of promissory note for the amounts borrowed; that plaintiff presented cheques on due dates and to his surprise and dismay cheques were dishonoured; that the bank returned the cheques with remarks, ‘payment stopped by drawer’; that as per the plaintiff’s information, defendant’s account did not have sufficient funds to honour the cheques; that it is clear that defendant del