case FIR No. 23 dated 15.02.2007 in
regard to forgery of documents, promissory notes, agreement, death
certificate and usurping the land.
4. Respondent
promissory note. According to respondent No.2 she does not even
know the petitioner, had no transaction with him or executed any
demand promissory note ... strength of the demand promissory note and
the property of respondent No.2 was attached. Pursuant to the
compromise the suit was withdrawn
Having scrutinized the judgment, it appears that both the
promissory note Ex.P1 as well as receipt Ex.P.2, respectively, have
been duly ... Though the defendant had
taken the plea with regard to forgery of the promissory note and
receipt yet he has failed to establish the said
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
wrong; as also the details mentioned of the
promissory notes is wrong as demonstrated at
(a) above of this para.
8. That, by such acts ... cheque and three promissory notes
issued by him in the favour of the company the same does
not amounts to forgery in view
from it and that the Appellant /
Defendant has executed a suit promissory note agreeing to pay interest thereon ... forgery. The Respondent / Plaintiff has
created the same. The Appellant / Defendant has never borrowed any amount from
the Respondent/Plaintiff and never executed any promissory
Respondent/Plaintiff. In short, the Appellant/Defendant has
averred that the promissory note alleged to have been executed by the
Appellant/Defendant ... Defendant's signature prepared the
document and committed the offence to forgery. To put it precisely, the stand
of the Appellant/Defendant is that