JUDGMENT :

This is the plaintiff’s appeal. The present appellant had instituted a suit against the present

respondent arraigning him as defendant in O.S.No.15413/2006, in the Court of learned XXVI Addl.City Civil Judge, at Mayohall, Bengaluru, CCH20, (hereinafter for brevity referred to as ‘trial Court’), for recovery of a sum of Rs. 11,25,686/from the defendant.

2. The summary of the case of the plaintiff in the trial Court was that during the year 2003, when the plaintiff and the defendant were working in a Company called MICO at Audugodi, Bengaluru, in October 2003, at the request of the defendant for a hand loan of a sum of Rs. 8,50,000/, the plaintiff had lent him a sum of Rs. 8,50,000/on 30.10.2003, in the presence of one Sri H.B.Vasudeva Murthy and Sri T.V.Ranganathan. The defendant had agreed to repay the said sum with an interest at the rate of 15% p.a. and in that regard, he had executed an on demand Promissory Note. In view of the repeated requests and demands made by the plaintiff, on 18.11.2004, the defendant gave him a cheque for a sum of Rs. 25,000/, drawn on Karnataka Bank Limited, B.T.M.Layout Branch, Bengaluru, with an assurance of paying the balance interest by the