Sri K.V. Ramakrishnaiah

1

IN THE COURT OF THE II ADDITIONAL JUNIOR CIVIL JUDGE; GUNTUR.

PRESENT : Smt M. Sobha Rani

III Additional Junior Civil Judge,Guntur

FAC II Additional Junior Civil Judge, Guntur

Thursday, the 29 th day of July, 2021

OS 589/2020

Between Kanisetty Tirupathamma, w/o Krishnaiah, Hindu, aged 55 years, House wife, Resident of

Nagaralu, Amaravathi road, Guntur ,, ... plaintiff

and

Sunkara Hari Babu, s/o Sambasiva Rao, working as Typist in CID Regional Office, Kannavarithota, Guntur -522004, Hindu, aged 45 years, working as Typist in CID

Regional Office, Kannavarithota, Guntur .. Defendant

This suit coming on 23-7-2021 before me for hearing in the presence of Sri J. Nageswara Rao, Advocate for Plaintiff and of the defendant remained exparte and upon perusing the record this court made the following :

JUDGMENT

Thissuit is filed by the plaintiff against the defendant for recovery of sum of Rs 2,71,718/- being the amount of principal and interest due on a promissory note dated 11-7-2017 executed by the defendant in her favour for Rs. 1,48,500/- payable with interest @ 24% p.a. and for costs.

2]The brief averments of plaint are as follows:

The Defendant borrowed sum of Rs. 1,48,500/- on 11-7-2017 from the plaintiff for domestic purpose, agreeing to repay the same with interest at 24% per annum either to the plaintiff or his order on demand. The Defendant executed a promissory note on the same day for the said sum in favour of plaintiff. Subsequently, in spite of repeated demands made by the plaintiff,the defendant failed to discharge the said debt, as such she got issued a registered legal notice dated 1-6-2019 and defendant received the same and kept quiet. Hence the plaintiff is constrained to file the present suit.

3]Summons ordered against the defendant through RP was served on him.

Defendant made his appearance through his counsel Sri G. Yohanu,, Advocate, Guntur .

Inspite of stipulated time is over, the defendant failed to file his written statement and the defendant called absent. No representation . Hence he was set exparte on 10-2-2021 and posted the matter for plaintiff’s evidence to 24-2-2021.

4]The plaintiff himself examined as PW1 and got exhibited Ex. A1 to

A3. Ex. A1 is Suit promissory note dated 11-7-2017 executed by the defendant in 2 favour of plaintiff. Ex. A2 is Office copy of legal notice dated 1-6-2019 got issued by plaintiff to the defendant, Ex. A3 is Postal acknowledgment dated 11-6-2019 .

5]Heard the counsel for the plaintiff .

6]Now the point for determination is :

Whether the plaintiff is entitled to recover the suit amount along with interest as prayed for ?

7]POINT ; The plaintiff availed provisions of Order 18 Rule 4 [2]

CPC , entered into witness box upon oath and examined himself as PW 1 . A plain reading of sworn affidavit filed by PW 1 upon oath reiterates the averments made in her plaint as true and correct. PW1 in his sworn affidavit deposed that the defendant borrowed sum of Rs. 1,48,500/- on 11-7-2017 from her to meet his family necessities agreeing to repay the same with interest at 24% per annum either to her or her order on demand and executed Ex. A1 promissory note on the same day and that subsequently, in spite of repeated demands, the defendant failed to discharge the said debt as such she got issued registered legal notice dated 1-6-2019 to the defendant however, the defendant received the same and kept quiet.

8]A plain reading of sworn affidavit of PW1 coupled with documentary proof relied upon by PW1, reveal that the defendant borrowed the amount from PW1 and to that effect, PW 1 demonstrated Ex. A1 suit promissory note which clearly shows all the ingredients as required under section 3 of Negotiable Instruments Act.

Subsequently inspite of demands made by PW 1, the defendant failed to repay the amount as such PW1 got issued Ex. A2 registered legal notice demanding the defendant to pay the amount due under suit promissory note . The defendant even though appeared through his advocate but failed to file his written statement within the stipulated period hence he was set exparte. It appears that the defendant has no defence to rebut the evidence of PW1 The suit is filed within limitation. Therefore , this court opines that PW1 is entitled to the suit amount with interest. Hence this point is answered.

9]IN THE RESULT, the suit is decreed with costs in favour of plaintiff and against the defendant for Rs.2,71,718/-[Rupees Two lakhs Seventy one thousand 3

Seven hundred and Eighteen - only] with subsequent interest @ 12% per annum from the date of suit i.e.14-7-2020 till the date of decree and thereafter at 6% per annum till the date of realization on the principal amount of Rs 1,48,500/-[Rupees One lakh

Forty Eight thousand Five Hundred only] .

Typed to my dictation by Stenographer, corrected and pronounced by me in open court this the 29th day of July, 2021.

III Addl. Junior Civil Judge

FAC II ADDL. JR. CIVIL JUDGE

GUNTUR.

For Plaintiff Appendix of Evidence For defendant

Witnesses examined

PW 1 / K. Thirupatamma - Exparte

For Plaintiff Documents marked

Ex. A1/11-7-2017 : promissory note executed by defendant in favour of plaintiff

Ex. A2/ 1-6-2019 : Office copy of legal notice got issued by plaintiff to the defendant.

Ex. A3/ 11-6-2019 : Postal acknowledgment of defendant.

For Defendant : NIL

FAC II AJCJ, GNT

IN THE COURT OF THE II ADDITIONAL JUNIOR CIVIL JUDGE, GUNTUR

PRESENT:- Sri KV Ramakrishnaiah

II Additional Junior Civil Judge, Guntur Monday, the 19th day of July, 2021.

CC. No.50/2020.

Between:-

M/s Shriram Chits Private Limited, Guntur branch, rep. By its Assistant Manager by name Md. Althaf s/o Akbar Basha, aged 30 years, r/o Guntur

..Complainant.

And

1] Nelluri Vamsy Krishna , s/o Venkata Narayana, Hindu, aged 46 years, O/o Virinchi Group of companies, D.No. 4-4-63, Chandramoulinagar, zero lane, Guntur urban, Guntur. 2] Galla Janakiram, s/o Srinivasa Rao, Hindu, aged 33 years, r/o 25-18-118/4, 6th line last, Srinivasaraopet, Guntur urban, Guntur district.

...Accused.

This case is coming on this day before me for appearance of accused in the presence of Sri RK Srinivasa Murthy, , Advocate for the Complainant, and since the petition to withdraw the complaint is filed on behalf of the Complainant, and having stood over for consideration till this day, this Court delivered the following:-

J U D G M E N T

This is a case filed by the Complainant U/sec. 190 and 200 of Cr.P.C., for the offence punishable U/sec. 138 of Negotiable Instruments Act against the accused.

2]Complainant called present. Accused called absent The

Complainant filed petition under section 257 Cr.P.C., stating that the matter is compro- mised out of court before elders and hence prayed to record withdrawal of case and dismiss the complaint .

3].Crl.M.P.51 of 2021 filed by the complainant/petitioner u/sec. 257 Cr.P.C.to withdraw the case, is allowed. 4]In the result, case is dismissed as withdrawn as per orders passed Vide

Crl.M.P.No.51 of 2021 dated 19.07.2021 and the accused is acquittedU/s.257

Cr.P.C., for the offence U/s.138 of NI Act.1881.

Pronounced by me in the open Court, this the 19th day of July, 2021.

II Addl. Junior Civil Judge, Guntur.

Appendix of Evidence

-NIL-

II AJCJ, Guntur.

IN THE COURT OF THE II Addl. JUNIOR CIVIL JUDGE GUNTUR

Present : Smt. M. Sobha Rani, III Addl. Junior Civil Judge, Guntur. FAC II Additional Junior Civil Judge, Guntur Thursday, this the 29th day of July, 2021.

O.S.No.523/2021

Between: Vanukuri Karunakara Reddy … Plaintiff.

and

Vanukuri Kesava Reddy … Defendant.

Suit for recovery of Rs.3,37,658/- being the amount of principal and interest due on a promissory note dated 2-7-2018 executed by the defendant for Rs 1,97,000/- repayable with interest @ 24% per annum and for costs.

This case is coming on this day i.e. 29-7-2021 for appearance of defendant in the presence of Sri S. Brahmananda Reddy, Advocate for the plaintiff and plaintiff counsel filed memo to dismiss the suit as compromised out side the court , the court delivered the following:

J U D G M E N T

The Memo filed for the plaintiff to dismiss as compromised the matter outside the court, the suit is recorded. Hence, in view of the memo this suit is dismissed. No costs.

Pronounced by me in open court this the 29th day of July 2021.

III Addl. Junior Civil Judge, Guntur

FAC II ADDL. JUNIOR CIVIL JUDGE

GUNTUR.

Appendix of Evidence

-NIL-

FAC II AJCJ, GNT

IN THE COURT OF THE II Addl. JUNIOR CIVIL JUDGE GUNTUR

Present : Smt M. Sobha Rani, III Addl. Junior Civil Judge, Guntur. FAC II Additional Junior Civil judge, Guntur Thursday, this the 29th day of July, 2021.

O.S.No.415/2020

Between: Kunduru Vijaya Lakshmi … Plaintiff.

and

Kunti Prasad Babu … Defendant.

Suit for recovery of Rs.2,20,440/- being the amount of principal and interest due on a promissory note dated 14-6-2014 executed by the defendant for Rs 1,00,000/- repayable with interest @ 24% per annum and for costs.

This case is coming on this day i.e. 29-7-2021 for appearance of defendant in the presence of Sri MV Subba Reddy, Advocate for the plaintiff and plaintiff counsel filed memo to dismiss the suit as settled outside the court, this court delivered the following:

J U D G M E N T

The memo filed for the plaintiff to dismiss the suit is recorded. Hence in view of the memo, this suit is dismissed as not pressed. No costs.

Pronounced by me in open court this the 29th day of July, 2021.

II ADDL. JUNIOR CIVIL JUDGE

GUNTUR.

Appendix of Evidence

-NIL-

II AJCJ, GNT

IN THE COURT OF THE II Addl. JUNIOR CIVIL JUDGE GUNTUR

Present : Sri KV Ramakrishnaiah,II Addl. Junior Civil Judge, Guntur. Friday, this the 16th day of July, 2021.

O.S.No.816/2020

Between: State Bank of India, Guntur … Plaintiff.

and

Voguri Nageswara Rao … Defendant.

Suit for recovery of Rs.13,02,676/- being the amount of principal and interest due on a mortgage deed dated 3-7-2020 executed by the defendant for Rs 16,90,000/- repayable with interest @ 12.95% per annum and for costs.

This case is coming on this day i.e. 16-7-2021 for appearance of defendant in the presence of Sri KVR Hanumath Prasad Advocate for the plaintiff and plaintiff counsel filed memo to dismiss the suit as it was settled out of court , the court delivered the following:

J U D G M E N T

The memo filed for the plaintiff to dismiss the suity is recorded. Hence in view of the memo, this suit is dismissed as adjusted out of court. No costs.

Pronounced by me in open court this the 16th day of July, 2021.

II ADDL. JUNIOR CIVIL JUDGE

GUNTUR.

Appendix of Evidence

-NIL-

II AJCJ, GNT