Deepani and Mr. Charlady in respect of cheating and forgery pertaining to cheque and
promissory note. It may or may not be a counter blast
Page No. 10/13
sons regarding the theft of promissory note of Rs. 4 lacs prior to the
marriage of her daughter and spent amount ... filed any complaint with
the police regarding the forgery of signature on the promissory note. DW2
and 3 have deposed against each other and many
that
document Ex. PW 1/D i.e Promissory Note dated 31.03.2004 has been obtained
by forgery and therefore, cannot be relied upon . Burden ... evidence to prove this assertion . His objection as regards admissibility of
Promissory Note thus, stands overruled. This Issue is accordingly decided in
favour
said with certainty that any forgery on the
cheque and promissory note was made by respondent No.1/
complainant. Appellant/accused was having ample opportunity ... produced evidence to
substantiate his defence that the forgery on the cheque and
promissory note was made by the complainant
Desh Raj denied
the notarization of the promissory note/affidavit dated
16.12.2008, Ex.PW1/1.
23. During cross examination, DW-4 Sh. Desh ... point A and the signatures
at point B on the promissory note/affidavit dated 16.12.2008,
Ex.PW1/1. DW-4 Sh. Desh Raj stated
complainant, accused asked a question about the execution of promissory note
and the complainant replied in affirmative and offered that he can produce the said ... Without looking into the documents, accused made a suggestion in respect of forgery the documents. This clearly goes
against the accused
Dr. S. K. Gupta vs M/S B. L. A. Chit Fund Private Limited on
point A. He further admitted in the cross-
examination that promissory note & receipt exh.PW1/3 also bears his
signatures at point ... written by Sh. Rajinder Sharma dated 20/07/05 and the promissory
note & receipt were executed on 03/12/05 and the affidavit dated
Adya 19 Smt. Jyoti Sharma
The defendant has submitted that the promissory notes
( EX. PW1/1 to EX. PW1/5 ) are being misused ... loan. It is highly improbable
that the parties who executed the promissory notescumreceipt
regarding the advancing of the loan amount but the same
also been challenged
on the ground that witnesses of the alleged promissory note were
not known to the appellant/ defendant which fact was not
appreciated ... filed by him
with concerned DCP & ACP, Rajouri Garden regarding alleged
forgery of documents by the respondent/ plaintiff. It is claimed that
the documents