JUDGMENT :

P. SOMARAJAN, J.

1. A suit for recovery of money based on a dishonoured cheque for Rs. 17,50,000/- was dismissed by the trial court on the reason that the alleged cheque was issued about 2½ years after the alleged transaction that too without any liability for interest and that the oral evidence tendered by PWs. 1 to 3 cannot be relied on. It appears that the trial court has committed a grave mistake. The admission made in the written statement regarding issuance of a signed blank cheque by way of security to the plaintiff in connection with a money transaction was not properly considered or addressed by the trial court. It is a case wherein the defendant has admitted issuance of a cheque to the plaintiff by way of security in connection with a loan transaction. But according to the defendant, it was in connection with borrowal of an amount of Rs. 50,000/-, the abovesaid signed cheque was issued to the plaintiff. It would discharge the initial burden lies on the plaintiff to prove the due execution. It is true that a mere admission of signature found affixed as that of the executant may not itself prove the due execution of the document when it is brought under challenge.