Back
HIGH COURT OF ANDHRA PRADESH
K. SURESH REDDY
A. Sudhakar Reddy, S/o.Agaram Doraswamy Reddy – Appellant
Versus
P. Yasodamma, W/o. PuligundIa Gurappa Naidu – Respondent
JUDGMENT :
K. SURESH REDDY, J.
The defendant in O.S.No.33 of 2013 on the file of the court of Additional Senior Civil Judge-FAC: Principal Senior Civil Judge, Chittoor is the appellant in this second appeal. Originally, the respondent in this appeal has filed the above suit seeking for recovery of Rs.2,45,300/- being the principal amount of Rs.1,50,000/- and Rs.95,300/- being interest due under a promissory note, dated05.05.2010, together with interest @ 24% per annum.
2. For the sake of convenience, the parties herein will be referred as arrayed in the suit.
3. The contention of the plaintiff in the suit is that on 05.05.2010 the defendant borrowed an amount of Rs.1,50,000/- from her for his family necessities and business purpose and agreed to repay the same together with interest @ 24% P.A. and in consideration thereof, he has executed a promissory note. Later, as the defendant did not repay the amount borrowed by him, he got issued a legal notice, dated 21.11.2012, to the defendant and defendant having received the same issued a reply notice with false allegations.
4. The defendant filed his written statement denying all the material averments made in the plaint contending inter ali
Concurrent findings of fact by lower courts should not be disturbed unless proven perverse, emphasizing the finality of first appellate court's decisions.
The burden of proof lies on the party alleging forgery, and the validity of a promissory note can be established through signature comparison.
The burden of proof lies with the Plaintiff to establish the execution and validity of the promissory note, and the Court can compare signatures to determine authenticity.
The presumption under Section 118 of the Negotiable Instrument Act can be invoked to establish the genuineness of a promissory note, and the burden lies on the defendant to rebut the presumption.
The burden of proof lies with the one alleging forgery, and execution of a promissory note must be proven by comparing signatures to establish validity.
The validity of a promissory note is upheld when supported by evidence of execution and consideration, and a second appeal requires substantial questions of law to be present.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
