TMI Blog2021 (6) TMI 468X X X X Extracts X X X X X X X X Extracts X X X X ..... lice 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 balanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent/plaintiff, that the appellant/defendant signed so with an intention of acknowledging the terms of the document whether the finding of the first appellate Court that the appellant/defendant had executed the suit promissory note is unsustainable and against the law of evidence regarding burden of proof? (b) when the appellant/defendant elicited evidence from the plaintiff P.W. 1 to the effect that the loan in favour of one Murugesan was given by obtaining signature of the appellant/defendant also by producing Ex. B1, which fact was suppressed and denied at the initial stage by the respondent/plaintiff and also the admission of P.W. 1 in the enquiry conducted by the police and when the respondent/petitioner has failed to produc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 229 of 2001 before the Sub Court, Nagercoil. The same was later transferred to the file of the Principal District Munsif Court, Nagercoil and re-numbered as O.S. No. 521 of 2006. The defendant filed a written statement contesting the suit claim. According to the defendant, one Reign was running a Auto Consulting Business and that, in order to oblige him, the defendant stood as guarantor for the vehicle loan obtained by one Murugesan. The plaintiff had taken the signatures of the defendant in some blank documents. The blank documents were later fraudulently filled up by the plaintiff and on that basis, the instant suit had been laid. According to the defendant, he never borrowed any money from the plaintiff and that the suit itself has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. Per contra, the learned counsel appearing for the respondent would contend that the appellant had admitted the signatures attributed to him both in Ex. A1 and A2 and that therefore, the presumption under Section 118 of the Negotiable Instruments Act was rightly invoked. The learned counsel for the respondent would further submit that no case has been made out for interfering with the decision of the First Appellate Court. He pressed for dismissal of the second appeal. 6. I carefully considered the rival contentions and went through the evidence on record. The specific case of the respondent is that he is running a finance business in the name and style of 'manoj bankers'. According to the respondent, the appellant approached h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. In my view, they do not really go to the root of the matter. 7. 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, I have to necessarily hold that the pl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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