THE HONOURABLE SRI JUSTICE GODA RAGHURAM SECOND APPEAL NO.846 OF 2010 01-10-2010 Between: Thatikonda Chinna Venkata Subbaiah ..Appellant Vs. Dasari Bala Rangaiah son of Narayana …Respondent. THE HONOURABLE SRI JUSTICE GODA RAGHURAM SECOND APPEAL NO.846 OF 2010 ORAL JUDGMENT This is a defendant’s second appeal directed against the judgment and decree dated 17-06-2010 rejecting A.S.No.113 of 2008, which was preferred against the judgment and decree dated 16-07- 2008 in O.S.No.51 of 2005 on the file of the court of Senior Civil Judge, Markapur. The respondent is the plaintiff who filed the suit for recovery of money claiming that the appellant/defendant borrowed an amount of Rs.55,000/- from him on 11-09-2002 and executed Ex.A-1 pronote and did not pay up despite a repeated demands. The appellant set up a defence disclaiming borrowing the amount nor execution of suit pronote and contended that the plaintiff executed Ex.A-1 pronote by forging his thumb impression thereon due to disputes between the parties. The courts below concurrently found that the plaintiff had established the genuineness of the suit pronote and passing of the consideration to the defendant thereunder and applying the presumption under Section 118 of the Negotiable Instruments Act, 1881 and in the absence of any evidence marshalled by the defendant to the contrary, decreed the suit. The appeal preferred by the appellant herein was also rejected by the lower appellate court. No substantial question of law arises for consideration in this second appeal and it is liable to be dismissed. Accordingly, the Section Appeal is dismissed. No order as to costs. ________________ GODA RAGHURAM,J 1st OCTOBER 2010 TSNR