The suit was brought forth on the foot of a promissory note said to have been executed by the appellant in favour of the respondent herein in a sum of Rs.35,000/- on 06.10.2002. When the appellant failed to discharge his obligation in spite of receiving the legal notice on 19.03.2004, except making a part payment of Rs.10,000/- through a bankers cheque No. 898699 dated 06.05.2004 drawn on State Bank of Hyderabad, Khammam, the suit was instituted. The appellant has admitted execution of the promissory note, but however, he has denied that he has received the consideration therefor. He has also pleaded that the promissory note came to be executed as a matter of adjustment of certain financial transactions between the plaintiff/respondent and the mother of the defendant/appellant. It is also pleaded by the appellant that there were two subsequent payments effected by him, one in a sum of Rs.15,000/- and another in a sum of Rs.20,000/-. The trial Court, based upon the admission of the plaintiff who was examined as P.W.1 that he has received a part payment of Rs.10,000/-, had no difficulty to believe that the defendant/appellant has paid one installment of Rs.10,000/-, but since the plaintiff has disputed receiving the other two payments, as alleged by the defendant, the defendant was required to prove the same, but unfortunately, no evidence has been let in, in that regard by the defendant. Consequently, the Court below had no other go except to hold that the defendant has not made the two payments of Rs.15,000/-
