promissory note is forged but he did not make any attempt
to prove that the signature of the defendant appearing on the promissory
note ... promissory note.
The defendant thereby has abandoned his claim of forgery. The promissory
note was marked as Exhibit A3 without any objection. We have perused
promissory note making use of the signatures of the petitioners on
the blank promissory notes available with one Sri M.
Suryanarayana Raju of Pithapuram. When ... written statement
is clear and categorical in describing the suit promissory note as
forgery, such contention cannot be accepted. Reason for failing to
produce
suit promissory note to Government Hand-writing expert for
opinion, upon comparison of the disputed signatures in the above
promissory note and her admitted signatures ... negative that
the signature attributed to her in the suit promissory note is a forgery.
In that process, the petitioner as defendant could
promissory
note, initial burden is always lies on the plaintiff to establish and
prove the execution of the promissory note. Once the execution of
promissory ... promissory
note came to be executed. PW2, one of the witnesses to the
promissory note has spoken about the execution of the promissory
note
filing of a
complaint as if the 1st accused created the promissory note and got filed a suit
through the 2nd respondent is nothing ... with the aid of the signatures on blank promissory note she
forged the signatures. Forgery is defined under Section 463 IPC as follows:-
'Whoever
said acknowledgment of debts
were forgeries. A plea was also raised that the demand promissory
note dt.05-07-2005 filed by respondent was insufficiently
under a Promissory Note.
The revision petitioner/defendant filed a written statement contending that
the Promissory Note is a rank forgery. After settlement of issues ... praying to send the Promissory Note along with a
document filed with the application in IA.No.22 of 2006 to compare the
signature found
suit for recovery of amount based on the promissory note, which is a
rank forgery, created and fabricated by the respondent for filing this
suit
statement that in the suit
promissory note dated 12.12.2009 his signature has been
forged and blank signed promissory note which had been
given ... other plea in the written statement
regarding forgery of his signature on the suit promissory note
and also the plea that the blank signed promissory
reopen the suit
and to send the disputed suit promissory note Ex.A.1 to the
Government Hand Writing Expert were dismissed by the trial ... said plea of forgery
and successfully elicited an answer in support of his contention that
Ex.A.1 Promissory Note was executed by petitioner/defendant
