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2021 (6) TMI 468 - MADRAS HIGH COURTDishonor of Cheque - rebuttal of presumption - Section 118 of Negotiable Instrument Act - HELD THAT:- The evidence on record indicates that on 16.06.2001, the plaintiff issued suit notice-Ex. A3. Even though intimation was sent to the appellant, he did not chose to receive the same. The appellant is not an illiterate villager. He is a government servant. He was working as male nursing assistant. He has not chosen to send any communication. If his signatures had been unlawfully obtained by the plaintiff, certainly, the defendant would have issued legal notice to the plaintiff demanding the return of the documents signed by him. It is true that there was a police enquiry. But then, the police complaint was given after filing of the suit filed by the plaintiff. Even if no presumption is drawn in terms of Section 118 of Negotiable Instrument Act, still as rightly held by the Appellate Court, the plaintiff had established the liability on the part of the defendant. Of-course, the defendant had succeeded in obtaining certain answers from the plaintiff during the course of cross-examination which apparently cast a cloud on the case of the plaintiff. When the plaintiff had not chosen to dispute the signatures in Ex. A1 and A2 and when the filing of the suit is preceded by Ex. A3-suit notice, it has to be necessarily held that the plaintiff had established his case against the defendant on a balance of probabilities. Appeal dismissed.
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