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2021 (12) TMI 325 - HC - Indian LawsDishonor of Cheque - validity of signature of defendant/appellant - presumption under Section 118 of the Negotiable Instruments Act can be raised against the defendant or not - rebuttal of presumption - establishment of due execution or not - HELD THAT:- The defendant had rebutted the presumption raised against her and onus once again fell on the plaintiff. The plaintiff should establish that he had lent a sum of ₹ 10,00,000/- to the defendant as per Ex.A.1. Since it has not been established by the plaintiff, the suit has to necessarily fail. The Court below failed to consider the circumstances projected by the defendant. Since the signature appearing in Ex.A1 is that of the appellant, presumption was rightly raised against her. But then, on a balance of probabilities, the defendant had rebutted the presumption. The plaintiff never had the financial capacity to lend the sum of ₹ 10.00 lakhs to the defendant. The defendant was having psychiatric issues and she had under influence of the plaintiff and making use of the same, the plaintiff had obtained certain signed blank documents from her. Ex.A1 was one such document. Due execution of Ex.A1 has not at all been established - appeal allowed.
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