THE HONOURABLE DR.JUSTICE G.RADHA RANI C.C.C.A.No.113 of 2019

JUDGMENT:

This appeal is filed by the appellant - defendant aggrieved by the judgment and decree passed in O.S.No.141 of 2012 dated 19.11.2018 by the XXVII Additional Chief Judge, City Civil Court, Secunderabad.

2. The respondent is the plaintiff.

3. The parties are hereinafter referred as plaintiff and defendant before the trial court.

4. The plaintiff filed the suit for recovery of an amount of Rs.10,00,000/- submitting that the plaintiff and defendant had acquaintance with each other. They were known to each other for a long time and out of the said acquaintance, the defendant approached the plaintiff and requested to advance a sum of Rs.10.00 lakhs to meet his compelling business requirements and promised to repay the same within a short period. Accordingly, the plaintiff considered his request and advanced the said sum of Rs.10.00 lakhs to the defendant on 25.08.2009. The said amount was paid by the plaintiff through cash. While receiving the said sum, the defendant executed a demand promissory note agreeing to repay the same with interest @ 2 % per month. The above transaction was witnessed by two witnesses namely (1) Sri J.Veeresham and (2) Sri S.Bhoopal. After receiving the said sum, the defendant had not repaid either principal nor paid any monthly interest. The defendant did not keep up his word and did not discharge any part of the liability. The plaintiff approached the defendant and sought to repay the amount. But the defendant had not bothered to make the payment. Having left with no other alternative, the plaintiff filed the suit for recovery of amount.

4.1. The plaintiff further submitted that the defendant not only borrowed money from him, but also from others. He borrowed an amount of Rs.1.5 crores from Sri Raghu Alam Setty of Mahindra Hills, Hyderabad, an amount of Rs.3.00 crores from Sri Gopal Rao of BHEL, Hyderabad; an amount of Rs.2.00 crores from Sri K.Rajaiah of Nizamabad; an amount of Rs.1.20 crores from Sri K.Krishna of Tirumulgherry, Secunderabad; an amount of Rs.1.00 crores from Sri S.Srikanth of Tirumulgherry , an amount of Rs.1.00 crore from Bank of India. The defendant became highly indebted. The plaintiff came to know that the defendant was due huge amounts running to crores of rupees and he was not discharging his liability to anyone. All of his properties i.e. his house and landed property, which he owned were all mortgaged to banks. The business, which the defendant was carrying out was under huge loss and he was unable to pay amount to creditors. Recently, the plaintiff came to know that one of his properties, which was mortgaged to bank was sold without any permission from bank, even while the charge existed, which would amount to cheating the bank. He further submitted that the defendant was highly indebted to many people and was trying to run away from the jurisdiction of the Court.

5. The defendant filed written statement denying the transaction. He contended that he never borrowed any amount from the plaintiff at any point of time much less on 25.08.2009. He contended that the plaintiff was not having capacity to advance such huge amount. The plaintiff forged and fabricated the promissory note and filed the suit. The alleged witnesses were set up persons. The plaintiff in collusion with witnesses filled and fabricated the promissory note. The plaintiff took advantage of the past loan transaction of Rs.1.00 lakh with one Samala Venu, who took totally four (04) signed blank promissory notes as a security. The same were repaid. Having blank promissory notes, the said Samala Venu (the plaintiff in O.S.No.140 of 2012) in collusion with the plaintiff in the present suit filled and filed the suit for an undue amount.

5.1. He further submitted that Samala Venu filed O.S.No.140 of 2012 for Rs.60,50,000/- and got filed other three (03) suits through his confidents. O.S.No.141 of 2012 was got filed by Samala Praveen Kumar for recovery of an a