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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J
S.Prakash – Appellant
Versus
K.Ravichandran – Respondent
| Table of Content |
|---|
| 1. defendant's response (Para 3 , 4 , 5 , 6 , 7) |
| 2. plaintiff's argument (Para 8) |
| 3. defendant's argument (Para 9) |
| 4. points for consideration (Para 10 , 11) |
| 5. execution of pronote (Para 12) |
| 6. legal presumption established (Para 13 , 14 , 15 , 16 , 17) |
| 7. appeal outcome (Para 18) |
JUDGMENT :
2. The parties are hitherto referred to as per their own ranking.
4. It is the case of the defendant in written statement that the plaintiff is running finance companies and also chit business, besides, the defendant was was a subscriber to the chit funds and also was in the habit of receiving money from the plaintiff. There were money transactions between 2007 to 2013 between the plaintiff and the defendant. In the month of November 2012, he was a successful bidder to chit, for the purpose of security, the defendant has handed over unfilled pro-notes and two blank cheques. According to him, he is liable to pay only a sum of Rs.3,05,340/- towards chit amount. Therefore, according to him, the suit pronotes have been fabricated and the plaintiff had filed the suit.
a. Whether the plaintiff is entitled to claim for the amount?
c. To what relief?
7. The Trial Court, on consideration of the ora
The execution of a pronote is presumed valid under the Negotiable Instruments Act unless the defendant provides sufficient evidence to disprove consideration.
The execution of a promissory note establishes a legal presumption of consideration that the defendant must rebut; failure to do so results in judgment favoring the plaintiff.
The execution of a Pronote establishes a legal presumption of consideration, shifting the burden of proof to the defendant to disprove it.
The execution of a promissory note is presumed valid under Section 118 of the Negotiable Instruments Act, shifting the burden to the defendant to prove lack of consideration.
Execution of Promissory Notes is valid unless substantial evidence to the contrary dislodges the legal presumption of consideration under the Negotiable Instruments Act.
The presumption of consideration under the Negotiable Instruments Act applies to issued cheques, placing the burden on the defendant to prove otherwise.
The execution of a pronote creates a presumption of borrowing and debt, and the burden of proof is on the party seeking to rebut this presumption.
The plaintiff must discharge the legal burden of proving consideration for a promissory note, failing which the suit may be dismissed.
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