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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 :
Challenge has been made to the decree and judgment of the Trial Court in decreeing the suit for recovery of money.
2. The parties are hitherto referred to as per their own ranking.
3. It is the case of the plaintiff that the defendant had borrowed a sum of Rs.8 lakhs for his family and business expenses on 14.03.2012 and executed a pronote. Since, the defendant has not paid either the principal nor the interest, on the repeated demands, the defendant issued two cheques bearing Nos.176463 for a sum of Rs.575000/- dated 10.05.2013 and 176453 for a sum of Rs.430000/- dated 27.03.2013. When the plaintiff presented the cheque dated 10.05.2013, the same was dishonored and returned with endorsement "Account No.6951710000068 was closed". Hence, the plaintiff did not present the other cheque. The plaintiff filed a suit for recovery of money.
4. It is the case of the defendant in written statement
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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