M.VENUGOPAL
Subbarayulu – Appellant
Versus
Lakshmanan – Respondent
1. The Appellant/Defendant had preferred this present Appeal as against the Judgment and Decree dated 01.10.2002 in O.S.No.89 of 1999 passed by the Learned Additional Subordinate Judge, Virudhachalam.
2. The trial Court, on an appreciation of oral and documentary evidence available on record, while passing the Judgment in O.S.No.89 of 1999 on 01.01.2002, had, inter alia, observed that on 15.08.1998 the Appellant/Defendant had received a sum of Rs.3,00,000/- from the Respondent/Plaintiff towards loan and only after filling up the details like amount, date, had given the Ex.A.1-Cheque and further held that as per written statement and exhibited through the evidence of D.W.1 to D.W.3, Ex.A.1-Cheque dated 15.08.1998 was not given to the Respondent/Plaintiff by the Appellant/Defendant. Further, it decreed the suit in directing the Appellant/Defendant to pay the suit sum of Rs.3,13,500/- together with future interest to the Respondent/Plaintiff together with costs.
3. Before the trial Court, in the main Suit, on behalf of the Respondent/Plaintiff, witness P.W.1 (Plaintiff) was examined and Exs.A.1 to A.5 were marked. On the side of the Appellant/Defendant, witnesses D.W.1 t
1. M.S.Narayana Menon Alias Mani V State of Kerala & anr. (2006) 6 SCC 39
2. Harbhajan Singh v State of Punjab & anr. [AIR 1966 SC 97]
3. Narender Singh & anr. v State of M.P. (2004) 10 SCC 699
4. Ranjitsing Brahmajeetsing Sharma v State of Maharashtra & anr. (2005) 5 SCC 294
5. Rajesh Ranjan Yadav @ Pappu Yadav v CBI thro’ its Dir. (2007) 1 SCC 70
9. Hiten P.Dalal V Bratindranath Banerjee AIR 2001 SC 3897 (1)
10. T.G.Balaguru V Ramachandran Pillai (2010) 2 MLJ 861 Pg 862
12. I.Arumugam V Channagiri N. Govindaraj Shetty AIR 1992 Kar. 347
16. Bharat Barrel and Drum Manufacturing Company V Amin Chand Payrelal AIR 1999 SC 1008 Pg 1009
23. K.P.O.Moideenkutty Hajee V Pappu Manjooran & anr. (1996) 8 SCC 586 Pg 587
20. Mohhamed Ali V Abdul Sinab (2001) 1 MLJ 371 Pg 372
24. S.Vinaya Chandra AIR 1967 SC 778
26. C.Narayana Reddy V State Bank of India (Agricultural Development), Hosur Branch
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