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TMI Blog2018 (9) TMI 993X X X X Extracts X X X X X X X X Extracts X X X X ..... d a pronote for the said amount agreeing to repay the same with interest at 24% per annum. The respondent/accused paid interest upto 20.06.2003 and thereafter, inspite of several demands, the respondent did not repay the loan amount. In order to discharge his liability, the respondent/accused issued a cheque bearing No.084121 dated 03.09.2003 drawn on Central Bank of India, Coimbatore when the same was presented for encashment in Dhanalakshmi Bank, Gandhipuram by the appellant, the said cheque was dishonoured and returned on 04.09.2003 with an endorsement "insufficient funds". Therefore, he sent a legal notice to the respondent on 08.09.2003 and the respondent acknowledged the notice on 09.09.2003 and sent a reply with false allegations on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent paid interest only upto 20.06.2003 and did not pay the interest from 21.06.2003 till the filing of the complaint. The respondent did not pay the principal amount and interest and hence, the appellant demanded for repayment and the respondent has issued post dated cheque on 01.08.2003 bearing cheque No.084121 dated 03.09.2003 drawn on Central Bank, Coimbatore for a sum of Rs. 1,50,000/- in favour of the appellant towards the settlement of principal amount to the appellant. When the appellant presented the above said cheque for collection in his bank, the said cheque was returned unpaid for the reason "insufficient funds". Therefore, the appellant sent a notice to the respondent. 8. In order to prove the case, the appellant before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he has specifically stated that the respondent/accused paid interest only up to 20.06.2003 and did not pay the interest from 21.06.2003 till the date of filing of the complaint. The appellant has specifically stated that the respondent/accused did not pay the principal amount in spite of repeated demand after demands made by the appellant on 01.08.2003. Later on, he issued a post-dated cheque bearing No.084121 drawn on Central Bank of India, Coimbatore, for a sum of Rs. 1,50,000/- in favour of the appellant towards the settlement of the principal amount of the compliant. It is seen that he has not paid interest at 24% when he has paid the interest up to 20.06.2003 for which even there is no endorsement on the back side of the promissory not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent/accused. The appellant appeared before the Police Station and also agreed to receive the amount of Rs. 40,000/- and undertook to not to disturb the appellant/accused. 10. During the examination, respondent/accused has clearly denied the compliant lodged against him and also there was enquiry against him and did not appear before the police station and also during the examination not at all spoken about the compliant given before the Police Station. But whereas he has categorically stated that several incident took place in the Police Station, Chennai and the evidence about incidents in police station out of memory cannot be acceptable one and especially, the respondent/accused given a reply in EX.B6 stating that already he lodged a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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