Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2014 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (10) TMI 1053 - HC - Indian LawsDishonor of Cheque - application of presumption laid down in Section 118 of Negotiable Instruments Act when the defendants have completely denied the execution of Ex. B6 - improbabilities of the execution of the transaction referred to in the Ex. A.6 in view of Ex. B.1 - whether the parties have discharged the onus cast upon them in establishing their respective cases? - HELD THAT:- The main mortal attack on the plaintiff's case is based on Ex. B.1. According to the learned counsel for the appellants, Ex. B.1 completely consigned Ex. A.6 to the coffin and this had resulted in eclipsing the effect of Section 118 of the Negotiable Instruments Act to Ex. A.6. Expanding his this submission, the learned counsel for the appellants would submit that the alleged old promissory note is dated 15.06.2013, while in his Ex. B.1 letter dated 26.08.2013, just few months after the old promissory note how plaintiff could have been lamented about non-payment of interest and amount for a long period - There was no reference in Ex. B.1 that it has been written in connection with the promissory note debt. Ex. B.1 would not absolve the defendants from their very duty to rebut the presumption arose under Section 118 of the Negotiable Instruments Act. The arising of the presumption under Section 118 of the Negotiable Instruments Act noticed by the First Appellate Court with reference to Ex. A.6 rightly resulted in vacating the judgment and decree of the trial Court and substitution of them with its own judgment and decree, decreeing the suit. Appeal dismissed.
|