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2022 (4) TMI 1150 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - Supply of material or not - fake and bogus documents - HELD THAT:- It is to be seen from the material placed on record and the pleading of the parties whether the plaintiff has supplied the material, despite supply of material no payment has been made. It is well settled legal position, that the genuineness of the document has to be proved by the plaintiff who relies upon the document and thereafter it is for the defendants to dislodge the credibility of the document as fake, sham and bogus document - In the present case, the plaintiff has failed to establish that the work order was issued in his favour and genuineness of the challan has also not been proved. It is incumbent upon the plaintiff to examine the witnesses who has delivered the goods and thereafter the concerning officer has put his signature on the challan, no witnesses was examined by the plaintiff in his support. From bare perusal of receipt from Ex.P-8 to Ex.P-28, it is clear that the plaintiff has not put signature of any employee of concerned department who has received the material and even no cross-examination was done with regard to supply of material through Ex P-8 to Ex.P-28. Even from examining the evidence of the plaintiff it is not clear to whom the plaintiff has supplied the material and who has signed the receipt - It was incumbent upon the plaintiff to prove the signature of person who has signed the challan by adopting the course by the person who signed or wrote a document; by calling a person in whose presence the documents are signed or written; by calling handwriting expert; by calling a person acquainted with the handwriting of the person by whom the document is supposed to be signed or written; by comparing in Court, the disputed signature or handwriting with some admitted signatures or writing; by proof of an admission by the person who is alleged to have signed or written the document that he signed or wrote it. These steps have not been taken by the plaintiff to prove the challan, therefore, it cannot be held that material was supplied by the plaintiff as per the challan. It is well settled legal position is that initial onus is always upon the plaintiff to prove the fact and if he discharges that onus and makes out a case which entitles him to a relief, then onus shifts to the defendant to prove those circumstances, if any, which would disentitle the plaintiff to the same. In this case nothing has been discharged by the plaintiff. The plaintiff has not proved by adducing cogent evidence on record that he has supplied the material and thereafter payment was not made. Considering the fact that the plaintiff has failed to prove that he has supplied the material despite this, the learned trial Court has held that plaintiff has supplied material to the defendants and he is entitled to receive ₹ 60,000/- along with interest @ 6% per annum from 2004 till the payment is actual made is perverse, contrary to record and deserves to be set aside by this Court - Appeal allowed.
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