Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO
Muli Siva Reddy – Appellant
Versus
Kambam Venkata Reddy – Respondent
JUDGMENT :
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
1. This second appeal under Section 100 of the Code of Civil Procedure (“C.P.C.” for short) is filed aggrieved against the Judgment and decree dated 04.12.2023 in A.S.No.124 of 2018, on the file of the Judge, Family Court, Kadapa-cum-VI Additional District and Sessions Judge, Kadapa (“First Appellate Court” for short), confirming the Judgment and decree, dated 14.09.2018 in O.S.No.173 of 2015, on the file of the Principal Senior Civil Judge, Kadapa (“Trial Court” for short).
2. The appellant herein is the defendant and the respondent herein is the plaintiff in O.S.No.173 of 2015, on the file of the Principal Senior Civil Judge, Kadapa.
3. The plaintiff initiated action in O.S.No.173 of 2015, on the file of the Principal Senior Civil Judge, Kadapa, with a prayer for recovery of Rs.2,08,089/- being the principal and interest due on promissory notes, dated 03.05.2012 and 12.09.2012 executed by the defendant in favour of plaintiff for Rs.65,000/- and Rs.60,000/- respectively payable with interest at 24% per annum each, for future interest and for costs of the suit.
4. The learned Principal Senior Civil Judge, Kadapa, decreed the suit with cos
The validity of a promissory note is upheld when supported by evidence of execution and consideration, and a second appeal requires substantial questions of law to be present.
The presumption of consideration under Section 118-A of the Negotiable Instruments Act applies unless disproven by the defendants.
The validity of a promissory note is established by the plaintiff's evidence of execution and consideration, while the defendant must prove claims of forgery or lack of consideration.
The burden of proof lies with the Plaintiff to establish the execution and validity of the promissory note, and the Court can compare signatures to determine authenticity.
The presumption of consideration under Section 118-A of the Negotiable Instruments Act applies unless disproven by the defendants.
The presumption of consideration applies to promissory notes once execution is admitted, placing the burden on the defendant to prove otherwise.
The courts affirmed the validity of a promissory note based on direct evidence, emphasizing that expert testimony is weak and should not override substantive evidence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
