Factual Matrix 2:

2. In the legal notice of respondent who was the claimant, it had been mentioned that the respondent paid Rs 10 lakhs to the petitioner in which Rs 7.5 lakhs was given via Cheque/NEFT and Rs 2.5 lakhs was paid through cash .The name of Bank and the date of payment were neither mentioned nor any document was attached of it. 

3. The respondent has mentioned in the evidence on affidavit under section 145 of negotiable instrument act, 1881 that he had received Rs 8 lakhs from the petitioner. 

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