Rs.60,000/-. He states that, it was agreed to repay the same within hundred days. According to him, with regard to such a payment, he has maintained a note book marked as Ex.D2. Relying upon this document, it is stated that, at various dates commencing from 26.04.2006 certain amounts have been mentioned in front of each date and even it is stated that there was a balance of Rs.72,000/- in the said note book. But this note book as rightly appreciated by the both the Courts, do not bear signature of the complainant for having received money at various dates. It may be a self-serving document produced by the accused so as to prove his defence of re-payment. No doubt, while marking this document, no objections are raised but that does not mean that mere marking a document would dispense its proof. It is stated by the complainant that, there is a wilful default of the accused in repayment. In the reply notice, Ex.D1, it is stated at page No.3 that "there is no wilful default on the part of my client towards your client. Due to unforeseen and unavoidable circumstances, venture of my client entered in failure which fact is within the knowledge of your client." This recital of Ex.D1 goes against the defence of the accused. Ex.D3
