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2022 (1) TMI 2 - MADRAS HIGH COURTDishonor of Cheque - rebuttal of presumption - Recovery of money from the defendant - It is alleged that suit pronotes have been fabricated in the name of the defendant - HELD THAT:- Admittedly, in the written statement the defendant nowhere averred that the signature in the suit promissory note is not that of her. It is impliedly admitted that the suit promissory notes were executed by the defendant, but as blank promissory notes. Since the defendant admitted the execution of promissory notes, it give raise to presumption that consideration has been passed to the defendant as written in the suit pronote, as per Section 118 of the Negotiable Instruments Act. It is clear that P.W.1 had not admitted that he had no means to lend money. Further, there is no pleading regarding the means of the plaintiff to lend money and further suggestion was also not put to the plaintiff whether he had no means to lend money. The question regarding why 3 pronotes executed on the same date and the suit was filed at the fag end of the limitation were ever suggested during cross examination on P.W.1 and that aspect was also not pleaded in the written statement. Further the defendant had not attempted to produce and mark the complaint given by the Muthuveerapan against the defendant and her husband - as per Section 118 of the Negotiable Instruments Act, it has not been satisfactorily rebutted by the defendant proved that the pronotes have been executed by the defendant for the consideration mentioned in the pronotes. Therefore, this Court is of the considered view that execution of Ex.A1 to Ex.A3 promissory notes by the defendant had also been proved by the plaintiff and hence, the same has been executed by the defendant. This Court, after careful perusal of the materials available on record, especially, evidence led on record by the plaintiff, finds no error in the Judgments and Decrees passed by the Courts below and as such, there is no occasion for this Court to interfere in the well reasoned Judgment. The present appeal fails and is dismissed.
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