Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI
Velchandiran – Appellant
Versus
Rajavanniyan – Respondent
| Table of Content |
|---|
| 1. second appeal regarding promissory note dispute. (Para 1 , 2 , 3) |
| 2. defendant claims promissory note fabrication by his brother. (Para 4) |
| 3. arguments on credibility of the promissory note's ownership. (Para 6) |
| 4. plaintiff asserts execution validity supported by evidence. (Para 7) |
| 5. final judgment dismissing the second appeal upheld. (Para 10) |
JUDGMENT :
In this Second Appeal, challenge is made to the judgment and decree dated 16.11.2018 passed in A.S. No.45 of 2017, on the file of the III Additional District and Sessions Court, Cuddalore, Virudhachalam, reversing the Judgment and decree dated 04.10.2016 passed in O.S. No.64 of 2014, on the file of the Subordinate Court, Neyveli.
2. The appellant is the defendant in O.S. No.64 of 2014. The respondent, as a plaintiff, filed the said suit for recovery of money due under Promissory note dated 15.08.2011.
3. For the sake of convenience the parties are referred to as per their ranking in the trial court.
4. The case of the plaintiff is that the defendant borrowed a sum of Rs.2,00,000/- from the plaintiff for his family expenses on 15.08.2011 and agreed to repay the same along with interest at the rate of 12% per annum and e
The presumption of execution in promissory notes under the Negotiable Instruments Act outweighs claims of fabrication by the defendant without substantial evidence.
(1) Once signature in promissory note is admitted, presumption would go to support execution of Pronote.(2) Stamp paper purchased by or for use of a person, can be used by that person or his legal re....
The burden of proof under sec.118 N.I. Act and the significance of the defendant's failure to rebut the presumption were central to the court's decision.
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.
The mere admission of a signature on a Promissory Note does not invoke the presumption under Section 118 of the Negotiable Instruments Act without proof of execution and passing 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 applies to promissory notes once execution is admitted, placing the burden on the defendant to prove otherwise.
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
