I am guru murthy, My mother Smt.K. Jaya Lakshmi aged 64 years who is participated in various chits with Adi Laxmi and the matured chit amounts has been give as a hand loan to G. Adi laxmi which accumulated an amount of Rs.2531600/-. For which we have taken promissory note for Rs.2531600/- and cheque for an amount of Rs.25 lakhs. so later she refused to return back the amount. Accordingly the cheque has been deposited in the bank and the cheque has been returned with Account closed. So we have gone to the 1st advocate and issued notice that my client has issued an amount of Rs.2531600/- to your client has a hand loan from time to time. G. Adi laxmi (Accused) has replied to the noticeIt is represented that, it is true that, my client and your client are known to each other for the past several years and further my client states that both of them are well aware of the financial conditions of their families. Further, your client is also aware that my client is a house wife with no other sources of income and her husband is retire employee who is resently hospitalised and is undergoing treatment. My client has only one son who is presently employes in a private company with a meagre salary. Hence it is hard to accept that my client would approach you client for a hand loan of such a huge amount of Rs.2531600/- as on 16.6.2011.
It is represented that, as stated above the husband of my client has been suffering with paralysis and cardiac aliments and has been undergoing treatment due to which my client is running from pillar to post due to which she is constqatly under stress During such period my client had lost the signed promissory note and cheque and same was notice by my client immediately, your client being a friend to my client and she used to come regularly to my client house to know the health condition of my client husband, sometimes she takes care of my client house, when ever my client take her husband to the hospital for regular check up, Taking advantage of lsuch situation you client hadcommitted theft of signed promissory note and cheque. Then we have changed the advocate and issued rejoinder notice stating that your client used to run chits accordingly my client participated in various chits keeping in past accquitance my client handed over the amount as a hand loan from time to time. We have produced sufficient income proof and unsigned chit books which were written by accused own writting. My mother, I and my brother stood as Pw1, 2 & 3. She even didnt came to witness box. In 313 she stated that she lost promissory note and cheque, she even didnt given police complaint when the cheque and promissory note are stolen.The district court judge dismissed the case as there is difference in the plea in complainent .
The promissory note comes under legal liability or not.
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