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AIR 2008 SUPREME COURT 2898
::2008 AIR SCW 4777
Supreme Court Of India
(From : 2000 (1) Andh LT 467)
Hon'ble Judge(s):
Tarun Chatterjee,
H. S. Bedi
, JJ
Negotiable Instruments Act (26 of 1881) , S.118(a)— Presumption under - Suit for recovery on basis of Pronotes - Execution of pronotes proved - Executant, appellant entitled to benefit of presumption u/S.118(a) - Moreso, when respondents failed to discharge initial burden of proving non-existence of consideration by direct evidence or preponderance of probabilities. 2000 (1) Andh LT 467, Reversed. If the defendant is proved to have discharged the initial onus of proof showing that the existence of consideration was improbable or doubtful or the same was illegal, the onus would shift to the plaintiff who would be obliged to prove it as a matter of fact and upon its failure to prove would disentitle him to the grant of relief on the basis of the negotiable instrument. If the defendant fails to discharge the initial onus of proof by showing the non-existence of the consideration, the plaintiff would invariably be held entitled to the benefit of presumption arising under S. 118(a) in his favour.(Para 13) In the instant case, the plea of the respondents in their written statements was that on the face of the pronote, no cash was paid by the appellant and, therefore, the respondents were not liable to pay the amount because the pronotes were forged. It was a finding of the trial Court, which was affirmed by the High Co....
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