TMI Blog2019 (2) TMI 1941X X X X Extracts X X X X X X X X Extracts X X X X ..... signature seen on Ext. A1 is that of the defendant's own signature. This admission in a judicial proceedings by the defendant is a relevant piece of evidence. The defendant has not tried to explain away the admission in a manner known to law. Therefore, appreciation of evidence by the court below cannot be said to be proper in this case. The court below had wrongly dismissed the suit - Appeal allowed. - A.S. No. 436 of 2002 - - - Dated:- 25-2-2019 - A. Hariprasad, J. For the Appellant : B. Krishnan and Parthasarathy, Advs. For the Respondents : T.G. Rajendran, Adv. JUDGMENT A. Hariprasad, J. 1. This appeal is filed at the instance of the plaintiffs in O.S. No. 61 of 1999 before the Subordinate Judge' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... defendant. 4. Learned counsel for the appellant contended that the court below erred on legal and factual grounds in dismissing the suit. According to him, appreciation of evidence by the court below to enter a finding that the cheque was not signed by the defendant is erroneous. Section 118 of the Negotiation Instruments Act, 1881 (in short 'the N.I. Act') would show a presumption that every negotiable instrument was made or drawn for consideration. Admittedly, going by Section 6 of the N.I. Act, it can be seen that a cheque is a bill of exchange drawn on a specified bank. Further, Section 2(c) of the Limitation act, 1963 (in short 'the Act'), would show that 'bill of exchange' includes a hundi and a cheque. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he statement given by the Bank Manager that signature seen on Ext. A1 is that of the defendant's own signature. This admission in a judicial proceedings by the defendant is a relevant piece of evidence. The defendant has not tried to explain away the admission in a manner known to law. Therefore, appreciation of evidence by the court below cannot be said to be proper in this case. Having regard to the entire facts and circumstances, I find that the court below had wrongly dismissed the suit. Hence the decree and judgment has to be reversed. In the result, the appeal is allowed. The decree passed by the court below is hereby set aside. The suit is decreed as prayed for with 12% interest from the date of suit till date of decr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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