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2022 (1) TMI 252 - HC - Indian LawsEntitlement to claim suit - suit promissory note is a forged and fabricated document or not - HELD THAT:- Admittedly, Ex.A1 was prepared through computer. If really the suit promissory note had been executed by the defendant, as claimed by the plaintiff, absolutely there is no possibility of material contradictions creeping into the evidence of P.W.1 and P.W.2 with regard to execution of the suit promissory note. Further, admittedly, there was a civil dispute between the defendants father and P.W.2, it is hard to comprehend that the defendant would have brought P.W.2 for the purpose of making attestation in the suit promissory note and therefore, this Court is of the view that P.W.2 is not a trustworthy witness. The trite law is that the plaintiff cannot be permitted to pick holes in the defendants case and claim to have proved his case. No doubt, the Judgments and Decrees of the Courts below are based on proper appreciation of evidence placed and proper understanding of the settled principles of law governing the provisions of Sections 20 and 118 of Negotiable Instruments Act. Admittedly, the defendant received a sum of ₹ 1,90,000/- from the plaintiff, which he is liable to pay the same to the plaintiff with reasonable interest. Accordingly, the defendant is directed to pay a sum of ₹ 1,90,000/-, as agreed, to the plaintiff with interest at the rate of 3% per annum. The Second Appeal is dismissed.
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