that, in the complaint, the petitioner averred that the respondent came to his finance office and obtained Rs.5,00,000/- on 28.03.2013 for his personal needs and business purpose. It is an equally undisputed fact that the amount was transferred from the petitioner's bank account to the respondent's bank account maintained in their respective banks and subsequently, the same was dishonoured. However, the trial court arrived at a conclusion that the loan amount was transferred to the respondent's bank account in the year 2016, whereas the cheque was issued only in the year 2020 and in between, no valid acknowledgement of the liability in writing within the period of limitation and rendered findings as against the petitioner by relying Section 25(3) of the Contract Act, 1972. Further, one aspect that stares on the face of the petitioner is that, subsequent to the alleged advancement of loan of Rs.5,00,000/- in the 2016, the petitioner had given another loan for a sum of Rs.1,75,000/- to the respondent on 01.09.2018, for which, the respondent had executed the https://www.mhc.tn.gov.in/judis Page No.5 of 8
