Indian Kanoon - Search engine for Indian Law

9. On perusal of the evidence of PW-1 he has deposed in his chief-examination as per the averments made in the complaint and he has got marked documents like, the original cheque which is marked as Ex.P1, the signature of the accused therein which is marked as Ex.P1(a), the bank endorsement which is marked as Ex.P2, Office of the copy of legal notice which is marked as Ex.P3, Two Postal acknowledgement which are marked as Ex.P4 & 5, Five RTC's which are marked as Ex.P6 to Ex.P10, four counterfoils of bank challans for having remitted the amount to the bank account which are marked as Ex.P11 to Ex.P14 respectively.

12. Further, chief-examination with respect to source of income he has produced five RTC's which are marked as Ex.P6 to Ex.P10 and four counterfoil of bank challans for having remitted the amount to the bank account of DW-2 and her daughter Sangeetha marks card which are marked as Ex.P11 to Ex.P14. But, in his further cross, he deposed that, he has not stated nothing about existing Ex.P6 to 10 in the legal notice issued by through his advocate, in his legal notice or in his complaint or in his earlier chief-examination. It is true that, the Ex.P6 to Ex.P10 are RTC's which have been given to the bank for obtaining loan by way of mortgage. Further, he has not at all deposed that, with respect to whether Ex.P6 to Ex.P10 are ancestral or his self-acquired property and also so he has not produced any document in respect of his earlier chief- examination, whether the said RTC have been mortgaged for have obtaining bank loan of Rs.6,00,000/-.

14. On perusal of the evidence of DW-1 he has deposed in his chief-examination he has got marked documents like, Two letters dated: 02.06.2010 and 05.05.2010 issued by the DHFL Vysya Housing Finance which are marked as Ex.D1 and Ex.D2, another letter of the same bank which is marked as Ex.D3, eight counterfoils of the bank challans which are marked as Ex.D4 to Ex.D11 respectively, PCR No.22844/2013 in 16th ACMM, Bengaluru the certified copy of the order sheet and complaint which are marked as Ex.D12 and 13 respectively, the true copy of the bank statement of his account which is marked as Ex.D14, the true copy of the bank statement of his wife's account which is marked as Ex.D15, four certified copy of marks card of his son Santhosh T.N. pertaining to B.Sc., Nursing course which are marked as Ex.D16 to Ex.D19, nine certified copy of marks card of his daughter Sangeetha T.N. which are marked as Ex.D20 to Ex.D28 respectively.

15. The DW-1 in his chief he has deposed that, he was working as a Government school teacher for the last 4 years at Sakshihali, the complainant of this case and his wife were school classmate, in that way he came to know about the complainant. His son T.N.Santhosh has completed B.Sc, Nursing in the year 2008 and he was working as a Lecturer at Rajiv Gandhi College of Nursing, Hassan in the year 2000. He had constructed his residential house at Sira by raising the loan of Rs.3,50,000/- from DHFL Vysya Bank, Malleswaram Branch, Bengaluru and he has already repaid the said loan before the month of May-2010 and to that fact he has produced two letters dated: 02.06.2010 and 05.05.2010 issued by the DHFL Vysya Housing Finance, he had repaid the said housing loan and closed the account and they are marked as Ex.D1 and Ex.D2. He has produced another letter of the same bank to show that, he has got released the loan documents after repayment of the said loan which is marked as Ex.D3. Further, he has deposed that, in the month of July-2001 he was met with an road accident and he has taken medical treatment in K.R.Hospital, Bengaluru. It has been was told by his wife that, when he was in the hospital his wife had borrowed a sum of Rs.1,00,000/- from the complainant of this case, at that time she had given her blank signed cheque for the purpose of guarantee to the complainant. After taking treatment he has attended his school, at that time the complainant has also taken his signed blank cheque from her for similar purpose. He has signed blank cheque was given to his wife with further instruction to draw the salary amount from bank on his account and when he was contacted the complainant through mobile seeking reasons for his taking signed blank cheque. He assured that, no problem would arise if the cheque is retained with him as if it was taken for the purpose of guarantee. Further, his wife told him that, she has repaid the said borrowed amount by way of remitting the monthly installment to the account of the complainant during 2009-10, in this regard he had produced eight counterfoils of the bank challans which are marked as Ex.D4 to Ex.D11 respectively. In the year 2013 the complainant has sent legal notice to him as if he had borrowed loan of Rs.6,00,000/- from him and given his cheque to him and so also similar notice was sent to his wife by the complainant through one G.Manjunath for Rs.4,00,000/- and subsequently, the said Manjunatha had filed complaint PCR No.22844/2013 against his wife and same was dismissed by the Hon'ble XVI ACMM., Bengalauru, the certified copy of the order sheet and the complaint are produced they are marked as Ex.D12 and 13 respectively. He has not borrowed the loan in question from the complainant nor given the cheque for its repayment as alleged in the complaint, he was not liable to pay the amount in question to the complainant. He has already constructed his residential house in the year 2000 itself and his children have completed their education. Thereby, he has not having any necessity of raising the loan from the complainant as alleged in the complaint does arise.