2019 (5) TMI 966

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....m of Rs. 2 lakhs towards hand loan on 21.05.2007 and in lieu thereof, he executed a promissory note in his favour. Subsequently, on demand, the petitioner issued a cheque i.e. Ex.P-2 for Rs. 2 lakhs. When the said cheque was presented for realization, it was dishonored with an endorsement 'account closed' under Ex.P-3 and the same was informed to him under Ex.P-4. The first respondent got issued a legal notice under Ex.P-5 to the petitioner. Though the said notice was received, the petitioner neither paid the amount nor gave reply resulting filing the complaint. The first respondent to prove his case, examined himself as PW-1 and examined one B. Prabhaker who was present at the time of loan transaction as PW-2 and marked Exs:P-1 to P-7. The....

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....m of Rs. 2 lakhs as hand loan. Towards the said legally enforceable debt, the petitioner executed a promissory note and the subject cheque i.e. Exs:P-1 and P-2 respectively in his favour. When Ex.P-2 cheque was presented for collection, the same came to be dishonoured with an endorsement 'account closed'. PW-1 in his chief examination categorically stated that due to close acquaintance with him, the petitioner approached him to lend a sum of Rs. 2 lahs. When the said amount was paid to the petitioner on 21.05.2007, PW-2 was present. In spite of issuance of legal notice and though the notice is served, the petitioner failed to pay the amount. In the cross examination of PW-1, it is brought on record that at the relevant point of time when th....