TMI Blog2021 (12) TMI 328X X X X Extracts X X X X X X X X Extracts X X X X ..... seen from the grounds of the revision that the respondent herein obtained three alleged pro-note marked as Exs.P1, P2 P3 in the Trial Court charging exorbitant interest on the alleged principal amount, the same is contrary to provisions of the Tamil Nadu Money Lenders Act, 1957, in the oral evidence PW1, PW2, PW3 clearly demonstrated the same before the Court. The evidence of PW2 and the endorsement made therein has been spoken to by PW3. Issuance of cheques from the account of the accused and the signature is not being disputed on the alleged cheques for legally enforcible debt. However, based upon Exs.P1 to P3/promissory notes which has been clearly demonstrated before the Court, the above contention raised at the revision stage does n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he revision petitioner/accused would contend that the relationship between the parties is landlord and tenant and in such relationship, the revision petitioner/accused as a tenant has given these cheques and pro-notes for availing bank loan by the landlord and the same was misused and further, he would contend that the respondent herein/complainant has obtained three alleged pro-notes marked as Ex.P1, P2 P3 in the trial Court charging exorbitant interest on the alleged principal amount which is contrary to the provisions of Tamil Nadu Money lenders Act, 1957. The alleged cheque is for a sum of ₹ 4,31,000/- being principal and interest which is due under the alleged three pro-notes. 5.Further, he would contend that there was anoth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... first pronote dated 02.03.2005. He has also confirmed that he signed as a witness for the endorsement made in the first pronote on 17.06.2010 regarding the payment of ₹ 7,500/-. One Nataraj P.W.3 had confirmed that in his presence the accused had paid ₹ 7,500/- on 20.11.2007 towards interest for the amount that was borrowed by the accused on 02.03.2005 and also that the accused made an endorsement on the back side of the pronote dated 02.03.2005 which was witnesses by him. It is his further evidence that he signed the said endorsement as a witness. A perusal of the cross examination of PW1, PW2 and PW3 reveal that nothing has been elicited by the accused to doubt the case of the complainant. 8.On the side of the defence DW1, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an, the complainant had asked the accused to be a surety for the loan to be obtained by the complainant and for that purpose the Bank account was opened by the complainant in the name of the accused. In support thereto, DW4/Bank Official was examined, who had deposed regarding Ex.D1/account opening form of the accused with United Bank of India, wherein it was introduced that the complainant had introduced the accused to the bank. 13.The next level of presumption is that the complainant/respondent herein had obtained documents from the accused for getting the loan from bank. In this regard the revision petitioner herein/accused has not summoned any Bank Official to depose the same as to whether, the respondent herein/complainant had obtai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legal notice dated 02.09.2011, namely, the subject matter of the present revision nothing is mentioned about the transaction as stated in the second legal notice, dated 16.11.2011. Based upon which another complaint was filed in STC.No.101 of 2011, before the learned Judicial Magistrate Court No.I, Coimbatore. As observed earlier non mentioning of the second transaction in the first legal notice dated 02.09.2011, can be used by the revision petitioner herein/accused to her advantage in the second complaint said to be pending before the learned Judicial Magistrate No.1, Coimbatore, is not relevant for in this complaint and such finding rendered by the Lower Appellate Court appears to be proper and the same does not require any interpretation ..... X X X X Extracts X X X X X X X X Extracts X X X X
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