F. FRANCIS SALSAS Vs. A. G. PAREIRA

JUDGEMENT

(1.) THE defendant is the appellant. The plaintiff filed a suit for recovery of Rs. 10,00,000/- from the appellant on the basis of the promissory note executed by the appellant on 21.03.2001 for a sum of Rs. 10,00,000/-.

(2.) THE defendant contended that he borrowed only Rs.5,00,000/- on 21.03.1997 and on 21.03.2001 he did not execute any promissory note or re ceive Rs. 10,00,000/- as stated by the respondent and the respondent has no source of income and he is a money- lender and he had already paid Rs.4 lakhs towards the sum of Rs.5 lakhs borrowed by him earlier and the respondent taking advantage of the various promissory notes already executed by the appellant filed the present suit. Further the promissory note was altered materially and no consideration was passed under the promissory note and it was also made clear in the notice issued by the respondent, wherein he has stated that on 21.03.2001 the appellant executed a mortgage for a sum of Rs. 10,00,000/- and issued notice for the refund of that mortgage amount. In fine, the respondent denied the execution of promissory note on 21.03.2001 and the receipt of consideration on the promissory note on that date.

(3.) THE trial Judge after analysing the evidence both oral and document held that the promissory note executed by the appellant and the execution of the promissory note was also proved by the respondent by examining the scribe and the appellant admitted the signature in the promissory note and therefore, a presumption under section 118 of the Negotiable Instruments Act can be drawn in favour of the respondent.