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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.R.SWAMINATHAN
S. Thangapandi – Appellant
Versus
S. Ganesan – Respondent
JUDGMENT :
M. JOTHIRAMAN, J.
1. The unsuccessful defendant has preferred an appeal. The suit is filed for recovery of money with subsequent interest.
2. For the sake of convenience, hereinafter, the parties are referred as per their original rank in the suit.
3. The suit in O.S.No.206 of 2017 is filed by the plaintiff for recovery of money with subsequent interest on the basis of the promissory note executed by the defendant.
4. Case of the plaintiff in brief as follows:-
(i) The defendant borrowed a sum of Rs.17,75,000/- on 04.02.2016 and executed a suit promissory note. In spite of repeated demands, the defendant did not pay any amount and the defendant is maintaining a false case in P.R.C.No.8 of 2017 against the plaintiff only in order to escape from the liability of repaying the loan. Hence, the suit.
5. Case of the defendant in brief as follows:-
(i) The defendant was in possession of the first floor of the house belonging to one Latha for Oathi of Rs.3,50,000/-. The defendant is the relative of the said Latha. There was a dispute between the defendant and the said Latha. While so, the defendant's sister's son one Kaliyuganathan borrowed a sum of Rs.30,000/- from the said Latha and d
The presumption of validity for negotiable instruments is established unless effectively rebutted by the defendant, who bears the burden of proof regarding allegations of forgery.
The court confirmed that once a plaintiff establishes the execution of a promissory note, the burden shifts to the defendant to disprove its validity; failure to do so upholds the note's legal presum....
The execution of a promissory note is presumed valid under Section 118 of the Negotiable Instruments Act, shifting the burden to the defendant to disprove it, which was not achieved in this case.
The execution of a promissory note must be proven for the legal presumption of consideration to apply; failure to establish execution results in dismissal of the claim.
The presumption of validity under Section 118 of the Negotiable Instruments Act requires defendants to provide evidence to rebut the execution of a promissory note once established by the plaintiff.
The presumption under Section 118 of the Negotiable Instruments Act arises when execution of a promissory note is established, placing the burden on the defendant to disprove the transaction.
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