that the respondent was examined as PW1 before the Trial Court and he was also extensively cross examined by the petitioner. Without examining A.Kailasam and M.Gnanasekaran, it cannot be said that on the instructions of the respondent, the amount of Rs.5,00,000/- transferred to each of the account. The petitioner was provided with an opportunity to produce the witnesses viz., A.Kailasam and M.Gnanasekaran on 03.01.2024 and thereafter waiting for three months for the witnesses to be examined. Finally on 26.04.2024, the examination of defence witnesses A.Kailasam and M.Gnanasekaran was closed. It is also stated in the counter that there was some dispute in sale of vacant land to the respondent by the petitioner. Since the plot was located in water body area, finally the petitioner sold the property to third party and thereafter the petitioner was not paid as per promise. On 15.10.2020, by way of repayment, Rs.10,00,000/- was transferred to the bank transaction and the balance advance amount of Rs.23,00,000/- was undertaken to be paid within three months, for which two cheques issued for a sum of Rs.8,00,000/- and Rs.15,00,000/- drawn on Syndicate Bank. Due to COVID-19 pandemic, the period was extended and later a fresh cheque for Rs.23,00,000/- was issued by the petitioner drawn on Syndicate Bank on 06.10.2021. Thereafter, the cheque was returned and the Page No.4 of 8
