Sri Ch. Panchakshari

1 Of 2.

O.S.NO.65 of 17.

Dt.28-4-2017.

IN THECOURT

OFTHEPRINCIPAL

JUNIORCIVILJUDGE: KHAMMAM

Present: Sri Ch. Panchakshari

Pr.JuniorCivilJudge, Khammam.

DateddayofApril,

thisthe28° 2017.

O.S.No.65cf2017.

Between : MondiRamChander Rao.

...Plaintiff

And

Pulipati Jyothi.

...Defendant

Thissuitis coming

beforetodayfor hearing

methe inpresenceofSri.PRamKishanRao, plaintiffandAdvocatefor Defendantremained €xparte;perusinythe uponmaterial the following :Papersonrecord,uponhearing;thisCourt passed

JUDGMENT

Thisissuitfiled aforofof Rs.2,11,133/-, recoveryanainount

(Rs.TwoLakhsEleven

Thousandsand

OneHundredThrityThree

andonly )

withcostsandinterest,

basing

on

promissorynote.

2.The briefin the plaint avermentsmade arefollows: as TheDefendant outofacquaintai:ce

withplaintiff,borrowed

anamountof

Rs.1.25,000/-

on6-4-2014fromthe

plaintiffher family necessities

tomeetby executing

promissorynote,in favourof plaintiff with apromiseto repaythe samewithinterest@ 24% perannurneithertotheplaintiff ortohisorderdemand, onascollateralsecurity.Thereafter, theplaintiff made severaldemandsfor repayment of thesaid amountwithaccruedinterest.

Theplaintiff got

issuedlegalnotice

throughhis

counseldt.2-11-2016callingthe defendantto paytheAs amount.theDefendant failedto repaytheamountdemaneded asbytheplaintiff, thePlaintiffis constrainedtofilethisfor recovery suitbeforethiscourt,against thedefendant,

of amountborrowedsuit promissory note.

inderthe

Hence,thissuit.

oeThe summonsareissuedand servedihedefendant.no representation onAsthereis

the defendant

whenis called, thiscourt setthedefendant exparte.

4.To substantiate theclaimof plaintiff, the

plaintiff himself

examinedPW.1, got marked as Ex.A1to A4

andclosedevidence.

2;Heard thelearnedCounselfor plaintiff andperusedthe documents.

6.Now the points

for determination

are:

1] Whether

theplaintiffis entitled tothesuit recoveramount asprayedfor? 2]Towhat relief?

POINTNo.1:

7.

ThePlaintiff whois examined asP.W.1, v:hofiledhis proof affidavitin lieu of hischief

etter

om >

Dt.28-4-2017.

avilaO.S.NO.65of 17. A1toA4 of plaint. ThroughhisevidenceExs. in whichhe reiteratedthecontents

examination,

markedandclosedhisevidence.

arethat ‘thedefendant

borrowedof havingasum perusalofEx.A1itshows

8.On ,

of plaintiff

note-Ex.A1in favour

executedthepromissory

fromtheplaintiffand

Rs.1,25,000/-

failedtomakethe thedefendanthave withinterest.But agreeingtothesame repay

plaintiffthoughhereceived

of legal noticegotissuedbythe

of theamountinspite

repayment

thesame. un-challengedcontentsof Ex.A.1 / Plaintiff coupledwith

9.oralevidenceofPW-1 The

the Plaintiff

Defendanthadborrowedfrom Plaintiffthatthemoney provingtheclaimof the promissorynoteandfailed

@24%by executing

thewithinterestp.a agreeingtorepaysame madebytheplaintiffand inspiteof demandson

agreedbyhim

tomaketherepaymentas

of ExA2 legalthepayment.Asthe

hasfailedtomake notice,thedefendant issuance andrebuttedbythe incontorvertedun remainedunchallenged,one evidenceofPW.1 plaintifffromthesideof thesuitclaimof the evidencetodisbelieve defendant.Asthereisno thesuitfiledfor interesttocontest defendanthadshcwnany thedefendantandthenot is of theviewthatthe therefore,thiscourt underthepromissoryncte, of amonydue recovery withinterestandcosts. fromthedefendant thesuitount plaintiffis entitledtorecovera

Accordingly,thispointis answered.

—40. POINTNO.2:. of the plaintiff,thepointno.2is alsoansweredin As the pointno.1is answeredinfavour

plaintiffisentitledto thereliefprayed.

affirmativelyholdingthattheas Defendantforof withcostsagainsttheasum RESULT.suitisdecreed

INTHE

andThrityThreeonly )

andOneHundred (Rs.TwoLakhElevenThousands

Rs.2,11,133/-,

of filing of thetill thedateof decreeand datesuit

withinterest|@12%fromthe

perannum

_ thereafterfurtherinterest@6%Rs.1,25,000/-on oy.

till thedateof realization, on perannum Typed byme on‘the lap top, corrected28thdayof proncunced by mein theopencourt,

and

~ April, 2017.<—

SasEX

JUNIORCIVIL JUDGE,

PRL.

KHAMMAM.

APPENDIXOFEVIDENCE

f

WITNESSESEXAMINED

sfForDefendant

- ForPlaintiff

wePW.1: M.Chandar Rao.

EXHIBITS MARKED

ForPlaintiffss

~ is Original promissorynote,dated6-4-2014. Ex.A1

of legal notice,dt.2-11-2016.

Ex.A2is theofficecopy isthepostalreceipts,dt.2-11-2016. Ex.A3

is the postal acknowledgmentcard,Dt.3-11-2016.

Ex.A4

oe

ee

ForDefendant:—-Nil-

JUNIORCIVIL JUDGE,

PRL.

KHAMMAM.

te

~\1 Of 2.

O.S.NO.76 of17.

Dt.28-4-2017.

IN THE COURT

OFTHE

PRINCIPAL JUNIOR

CIVIL JUDGE- KHAMMAM

Sri Ch. Panchakshari.

Present: Pri. JuniorCivilJudge,

Khammam.

Dated thisthe

28°dayof April, 2017.

O.S.No.76of 2017.

3:OF2017.

BetweenNO./0 :

Mattapalli Padma

Sumitra .

...Plaintiff

And

DharavathNageshwari.

...Defendant

Thissuitis coming

beforetodayforhearing in the

me andDefendantof Sri.V.Srinivasa remainedpresence the following:exparte:UPON perusingRao,for plaintiff theAdvocate meterial Papersonrecord, uponhearing;this Court passed

JUDGMENT

Thisis asuitfiled

forof Rs.2,50,500/-,

recoveryof an«Mount

Thousands and(Rs.Two Lakh Fifty

Five Hundred

only ) with costsand interest, basing on Promissory note.

2.

Thebrief avermentsmadein the plaint areasfollows:

The Defendant

of acquaintance, out

borrowedof Rs.1,50,000/-on.4-5-

2014anamount from the plaintiff tohis familynecessities meet

by executingPromissory note

of plaintiff with in favour apromiseto repay the samewithinterest @24% plaintiff tohisPerannumeither orOrderto the ondemand.

Thereafter, the

plaintiff made repaymentoftheSeveraldemands saidfor amountwith accruedinterest. AstheDefendant amountdemanededfailedto repay asbythe Plaintiff, thethe Plaintit?is Constrained court,the defendant,tofilethis againstsuitbefore for recoverythis of arnount

borrowedthe Suit Promissory note

along with interestinder

andcosts. S.The summonsissued areand Servedthe defendant. onAs thereno representation is

4.To substantiate the claim of plaintiff,the plaintiff himself examined Ex.A1 andclosedasPW.1, got marked

evidence.

a,Heard thelearned Counselfor plaintiff

and

perusedthedocuments.

6.

Nowthe pointsfor determination are:

1] Whether theplaintiff is entitled to receverthesuit amount asprayedfor? 2]To what relief?

POINT No.1:

7.

ThePlaintiff who is examined asPW.1, whofiled his examination,proofaffidavit in whichin lieuof his Chief hereiterated theof plaint. Through his evidence contents Exs. A4 is ~

9 5Ao

fr

Dt.28-4-2017.

O.S.NO.76of 17.

2 Of2.

closedhisevidence.

markedandof

borrowedasum defendanthaving thatthe Ex.A1itshows perusalofof plaintiff

8.On ,in favour the promissorynote-Ex.A1 the plaintiffandexecuted Rs.1,50,000/-from makethe failedto defendanthave Butthe withinterest. thesame agreeingtorepay

bytheplaintiff.

inspiteof oral demandsmade

repaymentof theamount, of Ex.A.1 un- -challengedcontents coupledwith / Plaintiff of PW-1 oralevidencethe Plaintiff

9.The from borrowedmoney Defendanthad Plaintiffthatthe claimof the provingthefailed noteand

byexecutingpromissory

@24%p.a withinterest agreeingto repaythesame

byhiminspitemade bytheplaintiff,the

of demands

agreed

repaymentas

maketheunchallenged,

to of P.\W.1remained the payment.theevidence to makeAss failed defendanthas

bythedefendant.disbelieve

evidenceto Asthereisno rebutted incontorvertedandun one hadnotshown » defendantdefendant andthe promissorynote, underthe re coveryofdue amony suitfiledfor contestthe interestto anyamountfrom thesuit paintiff is entitledtorecover thatthe is of theview thiscourt therefore, answeredin of the plaintiff,the point no.2is also is answeredinfavour As the pointno.1 the plaintiffis entitédto theas prayed. relief affirmativelyholding that of

is decreed ‘itcostsDefendantforsum

thea

against

RESULT,suit

IN THE

@12% only )withinterest \ds andHundred Five LakhFiftyThousa' Rs.2.50,500/-,(Rs.Two

of the |

annum_fromthe_date of filing

perRs.1,50,000/- .

zs

interest@6%perannumrealization,on

filthedateof

: ‘court,nedayof

28th

~ TypedbymeomthieFapitOP..bymeinthe

aesproncuncedopen

and

2017.iOR viSUOGE,

Apel,

aN ?

KHAMMAM.

ae APPENDIX36:

OF EVIDENCE

~ WITNESSES

EXAMINED

For Defendant For Plaintiffx

M:Padmasumitra.

PW.1:

EXHIBITSMARKED

.

c

Plaintiffs For:

dated4-5-2014.

is Original promissorynote,

~Ex.A1

=-Nil-

ForDefendant:

ONIOR

CIVIL JUDGE,

PRE

KHAMMAM.

KE

TSKH030032662015

Presented on : 01-12-2015 Registered on : 01-12-2015 Decided on : 04-12-2015 Duration : 0 years, 0 months, 3 days

IN THE COURT OF

I Additional Junior Civil Judge -cum- Special Judicial Magistrate of First Class (Juvenile Court), Khammam

AT KHAMMAM URBAN ,KHAMMAM

(Presided Over by Smt. Rajani Bekkam)

JCC/200138/2015

Exhibit No. (PROSECUTION): P.S., Bhadrachalam Town Through Police Station Officer Bhadrachalam town 183, Bhadrachalam Town,Khammam District

KHAMMAM URBAN KHAMMAM

P.S., Bhadrachalam Town VERSUS : SK. Dharuk Baba @ Chotu Age: 0 Occupation : 14 years, Muslim, Student,Ro Seetharamnagar Colony, Near Gas gowdan, Bhadrachalam Town, Khammam District ----------------------------------------------------------------------------- APP for State }: APP, Advocate for appearing for SK. Dharuk Baba @ Chotu Advocate appearing for , respectively. -----------------------------------------------------------------------------

Offence punishable under : U/Sec.379ofIPC of INDIAN PENAL

CODE,

of , of , of ,

JUDGMENT

(Delivered on 04-12-2015)

ORDER

The juveniles No. 1 and 3 are produced from Observation Home and Juveniles No. 2 is called present. The juveniles are supplied with the copies of case documents, on which the prosecution placed reliance. Juveniles are examined under sec.251 of Cr.P.C, explaining the accusation leveled against the juveniles. \ For which the juveniles pleaded guilty for the offence under sec. 379 of IPC and voluntarily. The plea of guilty by the juvenile is voluntary one. Hence, this board accepted the plea of guilty for the offence as it is voluntary one. Accordingly, this board found the juveniles guilty under sec. 251 of Cr.P.C., for the offences under sec. 379 of IPC. \ The juveniles are questioned as to the orders contemplated under the Juvenile Justice act. The juveniles pleaded mercy and submitted that hereafter, they will be very careful and will not commit any offence. The parents of the juveniles present. This board made counseling to the juveniles and also the parents. The parents of juveniles submitted that they will not allow the juveniles to move from their custody and assured that they will look after the juveniles well. Further prayed to set them liberty. \ This board, on considering the nature of offence involved by the juveniles, the surroundings of the juveniles and in view of their age, this board is inclined to take lenient view in favour of the juveniles and of the opinion that ordering to pay a fine would meet the ends of Justice. Accordingly, this board found the juveniles guilty. \ In the result the juveniles are found guilty for the offence u/sec. 379 of IPC, as such the juveniles are ordered under section 15(d) of Juvenile Justice Act, to pay a fine of Rs. 200/- each for the offence U/sec.379 of IPC, in default they shall be sent to Special Home for boys, Hyderabad, for a period of one week for each default. \ Juvenile No.1 and 3 who have in observation home for boys, warangal in this case, they are ordered to released in this case, if they are not required in any other case. \ The unmarked case property which was already returned to P.S., Bhadrachalam Town, for safe custody vide CPR.No. 211/15, the police are directed to its return to original owner with acknowledgment and file the report immediately.

Date : 04-12-2015 (Smt. Rajani Bekkam)

I Additional Junior Civil Judge -cum- Special

Judicial Magistrate of First Class (Juvenile Court), Khammam

KHAMMAM URBAN KHAMMAM

Dictated on :

Transcribed on : checked on : Signed on :

(Smt. Rajani Bekkam) I Additional Junior Civil Judge - cum- Special Judicial Magistrate of First Class (Juvenile Court), Khammam

KHAMMAM URBAN

KHAMMAM

Visit ecourts.gov.in for updates or download mobile app “eCourts Services ” from Android or iOS

TSKH030032652015

Presented on : 01-12-2015 Registered on : 01-12-2015 Decided on : 04-12-2015 Duration : 0 years, 0 months, 3 days

IN THE COURT OF

I Additional Junior Civil Judge -cum- Special Judicial Magistrate of First Class (Juvenile Court), Khammam

AT KHAMMAM URBAN ,KHAMMAM

(Presided Over by Smt. Rajani Bekkam)

JCC/200137/2015

Exhibit No. (PROSECUTION): P.S., Bhadrachalam Town Through Police Station Officer Bhadrachalam town 119, Bhadrachalam Town,Khammam District

KHAMMAM URBAN KHAMMAM

P.S., Bhadrachalam Town VERSUS : SK. Dharuk Baba @ Chotu Age: 0 Occupation : 14 years, Muslim, Student,Ro Seetharamnagar Colony, Near Gas gowdan, Bhadrachalam Town, Khammam District 2:Madakam Venkatesh Age: 0 Occupation :

3:Vasam Manohar Age: 0

Occupation ----------------------------------------------------------------------------- APP for State }: APP, Advocate for appearing for SK. Dharuk Baba @ Chotu Advocate , appearing for , , 2, 3 respectively. -----------------------------------------------------------------------------

Offence punishable under : U/sec.379ofIPC of INDIAN PENAL

CODE,

of , of , of ,

JUDGMENT

(Delivered on 04-12-2015)

ORDER

The juveniles No. 1 and 3 are produced from Observation Home and Juveniles No. 2 is called present. The juveniles are supplied with the copies of case documents, on which the prosecution placed reliance. Juveniles are examined under sec.251 of Cr.P.C, explaining the accusation leveled against the juveniles. \ For which the juveniles pleaded guilty for the offence under sec. 379 of IPC and voluntarily. The plea of guilty by the juvenile is voluntary one. Hence, this board accepted the plea of guilty for the offence as it is voluntary one. Accordingly, this board found the juveniles guilty under sec. 251 of Cr.P.C., for the offences under sec. 379 of IPC. \ The juveniles are questioned as to the orders contemplated under the Juvenile Justice act. The juveniles pleaded mercy and submitted that hereafter, they will be very careful and will not commit any offence. The parents of the juveniles present. This board made counseling to the juveniles and also the parents. The parents of juveniles submitted that they will not allow the juveniles to move from their custody and assured that they will look after the juveniles well. Further prayed to set them liberty. \ This board, on considering the nature of offence involved by the juveniles, the surroundings of the juveniles and in view of their age, this board is inclined to take lenient view in favour of the juveniles and of the opinion that ordering to pay a fine would meet the ends of Justice. Accordingly, this board found the juveniles guilty. \ In the result the juveniles are found guilty for the offence u/sec. 379 of IPC, as such the juveniles are ordered under section 15(d) of Juvenile Justice Act, to pay a fine of Rs. 200/- each for the offence U/sec.379 of IPC, in default they shall be sent to Special Home for boys, Hyderabad, for a period of one week for each default. \ Juvenile No.1 and 3 who have in observation home for boys, warangal in this case, they are ordered to released in this case, if they are not required in any other case. \ The unmarked case property which was already returned to its original owner vide CPR. No. 210/15, shall become absolute.

Date : 04-12-2015 (Smt. Rajani Bekkam)

I Additional Junior Civil Judge -cum- Special

Judicial Magistrate of First Class (Juvenile Court), Khammam

KHAMMAM URBAN KHAMMAM

Dictated on :

Transcribed on : checked on : Signed on :

(Smt. Rajani Bekkam) I Additional Junior Civil Judge - cum- Special Judicial Magistrate of First Class (Juvenile Court), Khammam

KHAMMAM URBAN

KHAMMAM

Visit ecourts.gov.in for updates or download mobile app “eCourts Services ” from Android or iOS

TSKH030032622015

Presented on : 03-10-2015 Registered on : 03-10-2015 Decided on : 04-12-2015 Duration : 0 years, 2 months, 1 days

IN THE COURT OF

I Additional Junior Civil Judge -cum- Special Judicial Magistrate of First Class (Juvenile Court), Khammam

AT KHAMMAM URBAN ,KHAMMAM

(Presided Over by Smt. Rajani Bekkam)

JCC/200105/2015

Exhibit No. (PROSECUTION): P.S., Kothagudem III Town Through Police Station Officer Kothagudem III Town 202, Kothagudem,Khammam District

KHAMMAM URBAN KHAMMAM

P.S., Kothagudem III Town VERSUS : Thamella Prudiviraj @ Nithin Age: 0 Occupation : 16 years, Mala, student,Ro Malapally, Ho Anisettipally, Kothagudem, Khammam District ----------------------------------------------------------------------------- APP for State }: APP, Advocate for appearing for Thamella Prudiviraj @ Nithin Advocate appearing for , respectively. -----------------------------------------------------------------------------

Offence punishable under : U/sec.457,380ofIPC of INDIAN PENAL

CODE,

of , of , of ,

JUDGMENT

(Delivered on 04-12-2015)

ORDER

The juvenile is present. The juvenile is supplied with the copies of case documents, on which the prosecution placed reliance. Juvenile is examined under sec.251 of Cr.P.C, explaining the accusation leveled against the juvenile. \ For which the juvenile pleaded guilty for the offence under sec. 457, 380 of IPC , voluntarily. The plea of guilty by the juvenile is voluntary one. Hence, this board accepted the plea of guilty for the offence as it is voluntary one. Accordingly, this board found the juvenile guilty under sec. 251 of Cr.P.C., for the offences under sec. 457, 380 of IPC. \ The juvenile is questioned as to the orders contemplated under the Juvenile Justice act. The juvenile pleaded mercy and submitted that hereafter, he will be very careful and well not commit offences. This board made counseling to the juvenile. Further submitted that the juvenile prayed to set him liberty. \ This board, on considering the nature of offence involved by the juvenile, the surroundings of the juvenile and in view of his age, this board is inclined to take lenient view in favour of the juvenile and of the opinion that ordering to pay fine by his parent would meet the ends of Justice. Accordingly, this board found the juvenile guilty. \ In the result the juvenile is found guilty for the offence u/sec. 457, 380 of IPC , as such juvenile is ordered under section 15(d) of Juvenile Justice Act, to pay a fine of Rs. 100/- for the offence U/sec. 457 of IPC, and to pay a fine of Rs. 100/- for the offence U/sec. 380 of IPC, in default he shall be sent to Special Home for boys, Hyderabad, for a period of one week for each default. \ The unmarked case property which was already returned to its original owner vide CPR.No. 178/15, shall become absolute after appeal time.

Date : 04-12-2015 (Smt. Rajani Bekkam)

I Additional Junior Civil Judge -cum- Special

Judicial Magistrate of First Class (Juvenile Court), Khammam

KHAMMAM URBAN KHAMMAM

Dictated on :

Transcribed on : checked on : Signed on :

(Smt. Rajani Bekkam) I Additional Junior Civil Judge - cum- Special Judicial Magistrate of First Class (Juvenile Court), Khammam

KHAMMAM URBAN

KHAMMAM

Visit ecourts.gov.in for updates or download mobile app “eCourts Services ” from Android or iOS